Hunt v. Scobie
Court of Appeals of Kentucky
Error to the Bath Circuit. Debt. Case 99. The case stated. The Circuit Court has the power, ia his discretion, to have juries summoned and empannelled to try causes after the discharge of the regular jury; —Though there should be no wanton departure from the regular mode contemplated-by the statute, of summoning and selecting juries. The obligors in an injunction bond are liable if the injunction be dissolved, tho’ no damages or costs were adjudged against the principal.
1Opinion of the Court
Jüdqb Marshall
delivered the opinion of the Court.
It seems that, this action of debt having, as heretofore required bylaw, been placed upon the docket for the first day of the term, was passed over on that day, upon an in] timation that it was to be defended ; and that although several times called up, the issues were not completed until after the regular or standing jury for the term had been discharged. The fourth plea of the defendant was in fact filed on the day after the jury was discharged, and the plaintiff having afterwards on the same day filed his replication tendering issue, the…
2Cited by1 opinion
- Bennett v. Tintic Iron Co.Utah Supreme Court · 1893