Durben v. Montgomery
Supreme Court of Arkansas
Appeal from Izard Circuit Court; J. B. Baker, Judge; Tire juror, Montgomery, was disqualified by reason of bis relationship to appellee and the judgment should be reversed, as the judgment was void.
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Appeal from Izard Circuit Court; J. B. Baker, Judge; Tire juror, Montgomery, was disqualified by reason of bis relationship to appellee and the judgment should be reversed, as the judgment was void. Kirby’s Digest, § 4491. If the court below was satisfied, and this court is satisfied that the preponderance of the testimony shows that the jury, either collectively or individually, was not questioned as to the relationship of the. juror to the parties before they were qualified and accepted, appellants are estopped by their carelessness or mistake. It is too late to raise the question here. 72…
1Opinion of the CourtMcCulloch, C. J.
Appellants were defendants below in this action, which was instituted by appellee on a promissory note executed by appellants. After the verdict was rendered, appellants filed a motion for a new trial solely on the ground that one of the jurors was disqualified by reason of being related to appellee by consanguinity.
It as alleged in the motion that the juror in question had had been asked if he was related to either of the parties, and that said juror failed on such examination to disclose liis relationship to appellee. The court heard testimony on the motion for new trial, several witnesses…
2Cases cited1 opinion
- Gershner v. Scott-Mayer Commission Co.Supreme Court of Arkansas · 1910
3Cited by4 opinions
- Charles v. StateSupreme Court of Arkansas · 1939
- Fones Bros. Hardware Co. v. MearsSupreme Court of Arkansas · 1930
- Kearns v. SteinkampSupreme Court of Arkansas · 1932
- Oliver v. Howard Co.Supreme Court of Arkansas · 1970