Greer v. Malone-Beall Co.
Supreme Court of Alabama
Appeal from Geneva Circuit Court. Heard before Hon. H. A. Pearce. Assumpsit by P. E. Greer against the Malone-Beall Company. There was judgment for plaintiff, which on motion of defendant was set aside and new trial ordered, and plaintiff appeals.
Read the full summary
Appeal from Geneva Circuit Court. Heard before Hon. H. A. Pearce. Assumpsit by P. E. Greer against the Malone-Beall Company. There was judgment for plaintiff, which on motion of defendant was set aside and new trial ordered, and plaintiff appeals. Transferred from Court of Appeals under Acts 1911, p. 450, § 6. Among the grounds for the motion is the following: (4) A struck jury to try said cause was demanded, and the names of Monroe Zorn and Otis Fulford were stricken by parties to this cause, and by the defendant, and were not selected as a part of the jury to try said cause. These two…
1Opinion of the Court
SOMEEVILLE, J.(1) The error in the jury panel, being unknown to defendant and his counsel, was very clearly a good ground for new trial, if the objection was not waived by unreasonable delay in its assertion.(2) If, after its discovery, defendant had reasonable time and facility for interposing his objection before the verdict was returned, his failure to do so would doubtless have been a waiver of the error; for he would have had no right to thus speculate on the chance of a favorable verdict and afterwards complain of the error.—Hoskins v. Hight, 95 Ala. 284, 11 South. 253.(3) So, if…
2Cases cited1 opinion
- Hoskins v. HightSupreme Court of Alabama · 1891
3Cited by3 opinions
- Hanye v. StateSupreme Court of Alabama · 1924
- Wadsworth v. StateAlabama Court of Appeals · 1922
- Jones v. ColeySupreme Court of Alabama · 1929