Sullivan v. Padrosa
Supreme Court of Georgia
Action for damages^ Before Judge Gale. City court of Brunswick. July 19, 1904. Sullivan, a negro, sued Padrosa and Jackson for damages on account of an assault and battery. Jackson was not. served, and Padrosa alone answered, denying the. material allegations of the petition so far as they concerned him. There was a verdict for the defendant, and the plaintiff excepted to the overruling of his motion for a new trial.
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Action for damages^ Before Judge Gale. City court of Brunswick. July 19, 1904. Sullivan, a negro, sued Padrosa and Jackson for damages on account of an assault and battery. Jackson was not. served, and Padrosa alone answered, denying the. material allegations of the petition so far as they concerned him. There was a verdict for the defendant, and the plaintiff excepted to the overruling of his motion for a new trial. Besides the general grounds, the motion for a new trial contains an assignment of error upon the refusal of the court to allow the plaintiff to test the competency of the jurors…
1Opinion of the CourtCobb, J.
1, 2. Trial by jury necessarily means trial by an impartial jury. The constitution in terms declares that the jury in criminal cases shall be impartial. Civil Code, § 5702. Under the English practice, when the competency of a juror in a criminal case was challenged; the court placed the juror upon his- voir dire, and propounded, or caused to be propounded to him, such questions as would demonstrate whether he was partial or impar*340rial in the particular case. This was the practice in Georgia prior to 1856. In that year the act now embraced in the Penal Code, §975, was passed, which provided…
2Cases cited8 opinions
- O'Dell v. StateSupreme Court of Georgia · 1904
- Woolfolk v. StateSupreme Court of Georgia · 1890
- Fogarty v. StateSupreme Court of Georgia · 1888
- Haney School Furniture Co. v. Hightower Baptist InstituteSupreme Court of Georgia · 1901
- Justices of the Inferior Court v. Griffin & West Point Plank Road Co.Supreme Court of Georgia · 1854
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3Cited by14 opinions
- Atlanta Coach Co. v. CobbSupreme Court of Georgia · 1934
- Nobles v. StateSupreme Court of Georgia · 1906
- Jones v. CloudCourt of Appeals of Georgia · 1969
- Buttersworth v. StateSupreme Court of Georgia · 1945
- Felker v. JohnsonCourt of Appeals of Georgia · 1936
9 more not listed; retrieve them via the Exa API.