City of Birmingham v. Lane, 6 Div. 821.

CourtSupreme Court of Alabama
Writing for the CourtTHOMAS, J.
Citation210 Ala. 252,97 So. 728
PartiesCITY OF BIRMINGHAM v. LANE.
Docket Number6 Div. 821.
Decision Date18 October 1923

97 So. 728

210 Ala. 252

CITY OF BIRMINGHAM
v.

LANE.

6 Div. 821.

Supreme Court of Alabama

October 18, 1923


Appeal from Circuit Court, Jefferson County; J. B. Aird, Judge.

Action by Ethel E. Lane against the City of Birmingham. From an order or judgment granting plaintiff's motion for a new trial, defendant appeals. Affirmed.

W. J. Wynn and W. M. Woodall, both of Birmingham, for appellant.

John W. Altman, of Birmingham, for appellee.

THOMAS, J.

The appeal is from the action of the trial court in granting a new trial on plaintiff's motion.

If any proper ground of the motion, under the evidence before the court, will support the judgment in granting a new trial, the same will be sustained, and this is the rule, although the trial court may have based its action on an improper ground. Choate v. A. G. S. R. R. Co., 170 Ala. 590, 54 So. 507; Jones v. Jefferson County, 206 Ala. 13, 89 So. 174.

It will not be necessary to indulge in a discussion of the rules governing the granting or refusal of such motions. Cobb v. Malone, 92 Ala. 630, 9 So. 738; N., C. & St. L. R. R. Co. v. Crosby, 194 Ala. 338, 70 So. 7.

It is sufficient to say that a trial court should excuse a juror when he is shown to be an unsuitable person to serve; in discharging the duty of passing on the qualification of jurors there should not be an arbitrary exercise of that power, but should be "apparently for a good purpose in the interest of justice." And where that duty is thus exercised by a trial court, such action will not be reviewed. State v. Marshall, 8 Ala. 302; Fariss v. State, 85 Ala. 1, 4 So. 679; Griffin v. State, 90 Ala. 596, 8 So. 670; Williamson v. Mayer Bros., 117 Ala. 253, 259, 23 So. 3; Schieffelin v. Schieffelin, 127 Ala. 14, 28 So. 687; K. C., etc., Co. v. Ferguson, Adm'r, 143 Ala. 512, 39 So. 348; Barden v. State, 145 Ala. 1, 9, 40 So. 948.

It is further established that, if the injured party had notice of the disqualification of the juror, and did not invoke the [97 So. 729.] action of the court to eliminate such juror, such party may not thereafter effectively use such disqualification for the purpose of procuring a new trial. Brown v. State, 52 Ala. 345, 348; James v. State, 53 Ala. 380; Oliver v. Herron, 106 Ala. 639, 17 So. 387. It follows that where there was such disqualification, which was unknown to the injured party, the same may be made the basis of a motion for a new trial. In Leith v. State, 206 Ala. 439, 441, 90 So. 687, it was declared that a juror's consideration of a prejudicial extrinsic fact during deliberation was properly presented for the consideration of the trial court by a motion for a new trial. The court said:

"The jury system, as a time-honored institution of the common law, and under the Constitutions and the statutes, is dependent upon a fair trial by jurors, without bias or prejudice for or against either party litigant or the state
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13 practice notes
  • Batson v. State, 6 Div. 798
    • United States
    • Supreme Court of Alabama
    • 26 Mayo 1927
    ...jurors, was too late or was waived. James v. State, 53 Ala. 380; Hill v. State, 210 Ala. 221, 225, 97 So. 639; City of Birmingham v. Lane, 210 Ala. 252, 97 So. 728; Nix v. Andalusia, 21 Ala.App. 439, 109 So. 182; Letson v. State (Ala.Sup.) 110 So. 21. The statute for impeachment, volume 2 o......
  • Rose v. Magro, 6 Div. 468.
    • United States
    • Supreme Court of Alabama
    • 24 Octubre 1929
    ...in which that municipality is or was interested. Nix v. City of Andalusia, 21 Ala. App. 439, 109 So. 182; City of Birmingham v. Lane, 210 Ala. 252, 97 So. 728. It is proper for the court, in voir dire examinations as to qualifications, under statute, section 8645, Code, to inquire as to whe......
  • Beasley v. State, 4 Div. 313
    • United States
    • Alabama Court of Appeals
    • 13 Agosto 1957
    ...that of Brown v. Woolverton, supra, discuss challenges for bias or favor, i. e., Coke's 'propter affectum,' in City of Birmingham v. Lane, 210 Ala. 252, 97 So. 728, the court 'It is sufficient to say that a trial court should excuse a juror when he is shown to be an unsuitable person to ser......
  • Shelby County v. Baker, 7 Div. 386
    • United States
    • Supreme Court of Alabama
    • 9 Abril 1959
    ...is or was interested. Rose v. Magro, supra; Nix v. City of Andalusia, 21 Ala.App. 439, 109 So. 182; City of Birmingham v. Lane, 210 Ala. 252, 97 So. 728. By analogy, if the federal government had an interest in the suit which might have some bearing upon the bias of a juror by virtue of its......
  • Request a trial to view additional results
13 cases
  • Batson v. State, 6 Div. 798
    • United States
    • Supreme Court of Alabama
    • 26 Mayo 1927
    ...jurors, was too late or was waived. James v. State, 53 Ala. 380; Hill v. State, 210 Ala. 221, 225, 97 So. 639; City of Birmingham v. Lane, 210 Ala. 252, 97 So. 728; Nix v. Andalusia, 21 Ala.App. 439, 109 So. 182; Letson v. State (Ala.Sup.) 110 So. 21. The statute for impeachment, volume 2 o......
  • Rose v. Magro, 6 Div. 468.
    • United States
    • Supreme Court of Alabama
    • 24 Octubre 1929
    ...in which that municipality is or was interested. Nix v. City of Andalusia, 21 Ala. App. 439, 109 So. 182; City of Birmingham v. Lane, 210 Ala. 252, 97 So. 728. It is proper for the court, in voir dire examinations as to qualifications, under statute, section 8645, Code, to inquire as to whe......
  • Beasley v. State, 4 Div. 313
    • United States
    • Alabama Court of Appeals
    • 13 Agosto 1957
    ...that of Brown v. Woolverton, supra, discuss challenges for bias or favor, i. e., Coke's 'propter affectum,' in City of Birmingham v. Lane, 210 Ala. 252, 97 So. 728, the court 'It is sufficient to say that a trial court should excuse a juror when he is shown to be an unsuitable person to ser......
  • Shelby County v. Baker, 7 Div. 386
    • United States
    • Supreme Court of Alabama
    • 9 Abril 1959
    ...is or was interested. Rose v. Magro, supra; Nix v. City of Andalusia, 21 Ala.App. 439, 109 So. 182; City of Birmingham v. Lane, 210 Ala. 252, 97 So. 728. By analogy, if the federal government had an interest in the suit which might have some bearing upon the bias of a juror by virtue of its......
  • Request a trial to view additional results

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