Wheat v. Fraker

107 Ga. App. 318 (1963) 130 S.E.2d 251

WHEAT
v.
FRAKER.

39977.

Court of Appeals of Georgia.

Decided February 7, 1963.

J. Paxson Amis, for plaintiff in error.

McCamy, Minor & Vining, John T. Minor, III, contra.

EBERHARDT, Judge.:

"Foul, foul play," the defendant cried; "That I by kinsman be not trammelled, Let the issue again be tried Before another jury impanelled. Remember how from John at Runnymede The Charta was forced and wrested That no matter what the issue or the deed By my peers it must be tried and tested. With juror mine adversary durst Try the cause, whose wife is second cousin to my wife And to plaintiff's wife a first. A new trial, sire, I demand to settle strife." "No foul play do I find or see," The judge replied. "Foreman's wife to thine And to plaintiff's wife may kinsman be, But to Doug and thee no kinship do I find.^[1] Thus, it doth not appear For any cause or reason told That the juror was not thy peer The case to try and verdict mold. Moreover, when kinships we sought to learn It doth not appear that as best befits One who would a kinsman spurn Thou revealedst that ``cousin' did on the panel sit.^[2] Thy day in court thou hast had," The judge asserted, "and law commands That, no error made, whether good or bad, The issued tried and settled stands."

Judgment affirmed. Felton, C. J., and Russell, J., concur.

NOTES

[1] "The groom and bride each comes within The circle of the other's kin; But kin and kin are still no more Related than they were before."

Central R. & Bkg. Co. v. Roberts, 91 Ga. 513, 517 (18 S.E. 315); Garrett v. State, 203 Ga. 756, 768 (5) (48 SE2d 377); and see Everett v. Culberson, 215 Ga. 577 (8) (111 SE2d 367); Smith v. State, 2 Ga. App. 574 (59 S.E. 311).

[2] See Jennings v. Autry, 94 Ga. App. 344 (5) (94 SE2d 629); Joyner v. State, 208 Ga. 435 (2) (67 SE2d 221).