Herndon v. Bradshaw

Court of Appeals of Kentucky

Herndon v. Bradshaw

7 Ky. 45, 4 Bibb 45, 1815 Ky. LEXIS 34

CourtCourt of Appeals of Kentucky

DecidedApril 25, 1815

StatusPublished

Cited by1 cases

This text of 7 Ky. 45 (Herndon v. Bradshaw) is published on Counsel Stack Legal Research, covering Court of Appeals of Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Herndon v. Bradshaw, 7 Ky. 45, 4 Bibb 45, 1815 Ky. LEXIS 34 (Ky. Ct. App. 1815).

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Opinion

OPINION of the Court, by

Judge Owsiey.

There appears to have been one new trial “granted, in this case at the instance of Herndon, and after a second verdict was found against him-, he again applied for a new trial, on the grounds of his having discovered, since the finding of the verdict, that one of the former jury composed part of the latter ; hut the court refused his application; and the only question for the decision of this court is as to the correctness of the opinion ofrhat court.

There is no doubt hut what the j uror was incompetent, and might have been challenged before he was sworn: and as that cause of challenge was not known to the at-torftey of Herndon, until after the finding, of the verdict, (Herndon himself not being present) according to- the ease of M’Kinley vs. Smith, Hard. Rep. Í67, and Pierce vs. Bush, (vol. 3, 347) it furnished a good cause for a new trial. The court, therefore, upon the affidavit of the attorney proving the discovery, should have awarded a new trial.

The judgment "must be reversed with costs, and the cause remanded to the court below for a new trial.

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OPINION of the Court, by

Judge Owsiey.

There appears to have been one new trial “granted, in this case at the instance of Herndon, and after a second verdict was found against him-, he again applied for a new trial, on the grounds of his having discovered, since the finding of the verdict, that one of the former jury composed part of the latter ; hut the court refused his application; and the only question for the decision of this court is as to the correctness of the opinion ofrhat court.

There is no doubt hut what the j uror was incompetent, and might have been challenged before he was sworn: and as that cause of challenge was not known to the at-torftey of Herndon, until after the finding, of the verdict, (Herndon himself not being present) according to- the ease of M’Kinley vs. Smith, Hard. Rep. Í67, and Pierce vs. Bush, (vol. 3, 347) it furnished a good cause for a new trial. The court, therefore, upon the affidavit of the attorney proving the discovery, should have awarded a new trial.

The judgment "must be reversed with costs, and the cause remanded to the court below for a new trial.

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Bluebook (online)

7 Ky. 45, 4 Bibb 45, 1815 Ky. LEXIS 34, Counsel Stack Legal Research, https://law.counselstack.com/opinion/herndon-v-bradshaw-kyctapp-1815.

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