Dothard v. Denson
Supreme Court of Alabama
Appeal from Circuit Court of Cleburne. Tried before the Hon. Leroy F. Box. This action was brought by William Dothard, against Philip-Denson and others, to recover the possession of a small tract of land, particularly described in the complaint; and was commenced on the 17th July, 1877. The defendants pleaded the general issue, and the statutes of limitation óf ten and twenty years; and issue was joined on these pleas.
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Appeal from Circuit Court of Cleburne. Tried before the Hon. Leroy F. Box. This action was brought by William Dothard, against Philip-Denson and others, to recover the possession of a small tract of land, particularly described in the complaint; and was commenced on the 17th July, 1877. The defendants pleaded the general issue, and the statutes of limitation óf ten and twenty years; and issue was joined on these pleas. On the trial, as-the bill of exceptions recites, “the plaintiff having demanded a struck jury, the clerk thereupon delivered to the counsel of the plaintiff, and to the counsel…
1Opinion of the CourtBrickell, C. J.
The present statute, in regulation of the right of parties to civil causes to demand a struck jury (Code of 1876, § 3018), is not materially variant from the former statute' (Olay’s Dig. 459, § 52). "When the right is demanded, neither party,—whether it is the party making the demand, or his adversary,—is to be subjected to the hazard of being compelled to submit the issue to the verdict of jurors who may be of the regular panels in attendance upon the court, and yet subject to challenge because of bias or interest as to the particular case.—Davis v. Hunter, 7 Ala. 135. The right of the…
2Cases cited12 opinions
- Zeller's Lessee v. EckertSupreme Court of the United States · 1846
- Alexander v. WheelerSupreme Court of Alabama · 1881
- Brown v. CockerellSupreme Court of Alabama · 1858
- Collins v. JohnsonSupreme Court of Alabama · 1876
- Smith v. StateSupreme Court of Alabama · 1876
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3Cited by50 opinions
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- Brown v. WoolvertonSupreme Court of Alabama · 1928
- Robinson v. AllisonSupreme Court of Alabama · 1892
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