Hubbard v. Rutledge
Mississippi Supreme Court
Error to tbe Circuit Court of Covington County. Hon. A. G. Mayers, Judge, having been of counsel, C. C. Miller acted as judge pro hae vice.
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Error to tbe Circuit Court of Covington County. Hon. A. G. Mayers, Judge, having been of counsel, C. C. Miller acted as judge pro hae vice. This action was brought by W. J. Hubbard and Thomas I. Hubbard, partners under the name of W. J. Hubbard & Bro., against the defendant for a libel, in writing a letter to the Merchants’ Insurance Company of New Orleans, to the following effect: The establishment of Hubbard & Bro. at Jaynesville was burned a few days ago, and I hear that they had it insured in your company for three thousand dollars. It is well understood in the neighborhood, and I am…
1Opinion of the CourtCampbell, J.
The juror, Berry, was not above all exception as a juror, and should have been rejected by the court. He was in the service of the defendant as a clerk, and that made him incompetent. It is true he was peremptorily challenged by the plaintiffs, but this required one of their peremptory challenges, which were exhausted, as the record shows, before the panel was completed. 3 Black. Com. 363 ; 2 Graham & Waterman on New Trials, 245, et seq.
The action of the Circuit Court on various questions of evidence was correct, except in its refusal to permit the defendant to be fully examined by counsel…
2Cited by18 opinions
- Montgomery v. KnoxSupreme Court of Florida · 1887
- Block v. StateIndiana Supreme Court · 1885
- Meridian City Lines v. BakerMississippi Supreme Court · 1949
- Temples v. Central of Georgia Railway Co.Court of Appeals of Georgia · 1914
- Goldsby v. StateMississippi Supreme Court · 1960
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