Allbright v. Smith

The sole ground for the reversal of this cause by the Court of Civil Appeals (279 S. W. 852) was that it appeared from testimony offered on the hearing of a motion for new trial that Joe L. Oarr, one of the jurors, was fc close friend of and biased in favor of W. D. Futch and wife, who were parties to this suit.

The only evidence offered to sustain this ground of the motion for new trial was the testimony of Henry Buck, one of the jurors. The entire testimony given by him is as follows:

“I was one of the jurors that tried this case about two or three weeks ago. I remember Mr. Carr who was on…