Whitsett v. Belue
Supreme Court of Alabama
Probate of Will. Appeal from Lauderdale Probate Court. Heard before Hon. John L. Hugi-iston. Application by W. M. Whitsett and others for the probate of the will of Martha Higgins, deceased, to which a contest was filed by J. J. Belue and others. Probate denied, and proponents appeal. It appears that, in the drawing of the. jury, 18 were drawn, but only 13 appeared.
Read the full summary
Probate of Will. Appeal from Lauderdale Probate Court. Heard before Hon. John L. Hugi-iston. Application by W. M. Whitsett and others for the probate of the will of Martha Higgins, deceased, to which a contest was filed by J. J. Belue and others. Probate denied, and proponents appeal. It appears that, in the drawing of the. jury, 18 were drawn, but only 13 appeared. The court impaneled a jury-of 12, and proponents challenged one of them, whereupon the court called around the thirteenth man to appear, and the proponents accepted him. The proponents then moved the court to require .the…
1Opinion of the CourtSimpson, J.
This is a contest of the will of Martha Higgins, deceased, filed by the appellees. Only 13 of the 20 persons summoned as .jurors answered to their names, and the proponent moved the court to have 7 jurors summoned, which motion the court overruled, and had 12 jurors placed in the bos. There was no error in this. Section 6198 of the Code of 1907 provides that “from the persons so summoned and in attendance a jury shall be organized,” and there is no provision requiring 20 to be in attendance before the jury is formed.
As to the order in which the challenges were required to be presented, our…
2Cases cited15 opinions
- Schieffelin v. SchieffelinSupreme Court of Alabama · 1899
- Fincher v. StateSupreme Court of Alabama · 1877
- McHugh v. StateSupreme Court of Alabama · 1858
- Hodge v. RamboSupreme Court of Alabama · 1908
- Bullard v. LambertSupreme Court of Alabama · 1866
10 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Noble v. StateSupreme Court of Alabama · 1950
- Sorrell v. ScheuerSupreme Court of Alabama · 1923
- Patton v. StateSupreme Court of Alabama · 1916
- Metropolitan Life Ins. Co. v. ChambersSupreme Court of Alabama · 1932
- Riley v. StateSupreme Court of Alabama · 1923
17 more not listed; retrieve them via the Exa API.