Masonite Corp. v. Lochridge

ON SUGGESTION OF ERROR.

Counsel, in suggesting error, state that section 586, Code of 1930, rightfully construed, does not prohibit the judges from instructing juries except on written requests of the parties, and, if it does, it violates the mandate of section 31 of the Constitution which guarantees the right of trial by jury shall remain inviolate.

It is argued that the Constitution, rightfully construed, means that the trial judge shall have power to instruct the jury on the law of the case, regardless of the statute, as a constitutional function attached to his office, and federal and other…