Legal Opinion

Wright v. Smith

Supreme Court of Georgia

Decided April 12, 1898PublishedCited by 21 opinions

Complaint for land. Before Judge Hart. Laurens superior court. January term, 1897. Mrs. Wright brought her action against Smith and Schaufele for the recovery of certain land and mesne profits. The defendants relied for title on a deed to the land, executed by the plaintiff to defendant Smith. The plaintiff attacked the deed as void, on the ground that it was executed for the purpose of extinguishing indebtedness of her husband.

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Complaint for land. Before Judge Hart. Laurens superior court. January term, 1897. Mrs. Wright brought her action against Smith and Schaufele for the recovery of certain land and mesne profits. The defendants relied for title on a deed to the land, executed by the plaintiff to defendant Smith. The plaintiff attacked the deed as void, on the ground that it was executed for the purpose of extinguishing indebtedness of her husband. From the evidence it appeared that the sale to Smith, in pursuance of which the deed was executed, was conducted by the plaintiff’s husband. For a part of the…

1Opinion of the CourtLewis, J.

The law relating to the qualification of jurors has for its object securing a jury composed of men who stand between the litigants fair and impartial. A juror would naturally be inclined to favor a kinsman rather than a stranger, in a contest between the two. Hence the law has declared that relationship of a juror to a party within a certain degree disqualifies him from service in a case. It has been repeatedly held by this court that relationship of a juror to a prevailing party in a case, unknown to the opposite party or his counsel, is a ground for a new trial; but we are not aware of any…

2Cases cited3 opinions

  1. Georgia Railroad v. ColeSupreme Court of Georgia · 1885
  2. Johnson v. Mayor of AmericusSupreme Court of Georgia · 1872
  3. Moody v. GriffinSupreme Court of Georgia · 1880

3Cited by21 opinions

  1. State v. ThomasSupreme Court of Missouri · 1943
  2. Downing v. StateSupreme Court of Georgia · 1901
  3. Sikes v. StateSupreme Court of Georgia · 1898
  4. Stevens v. Union Railroad CompanySupreme Court of Rhode Island · 1904
  5. Parker v. StateSupreme Court of Georgia · 1916

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