Smith v. Eames

This was an action of assumpsit, brought in the Morgan Circuit Court, by Eames against Smith, in which a judgment was rendered for the plaintiff, from which an appeal was taken to this Court. The only points presented for consideration are, first, as tó the competency of a juror who was called and sworn after being objected to; and, secondly, whether affidavits of jurors can be received to explain their verdict.

As to the first point, the bill of exceptions taken in the cause, states, that upon calling a jury, after the defendant had exhausted his peremptory challenges, Joseph J. Taggart was…