Heiston v. Taylor

Judgment and order reversed on the law and facts and a new trial granted, with costs to the appellants to abide the event. Memorandum: The court erred when it ruled that the three defendants were limited to a community of six challenges in drawing the jury. There was no community of interest between appellants Doerr and Shenk and defendant Taylor (who did not appeal). Their interests are hostile and antagonistic to the interests of Taylor, and appellants should have been permitted to exercise six challenges independent of Taylor’s six. Whether or not this error in and of itself would be…