109 Ga. 359 | Ga. | 1899
Plaintiff in error filed his motion, in the superioi court of Sumter county, to set aside a judgment which had been rendered against him in that court, the ground of the motion being, the jury that rendered the verdict in said case was an illegal one, because one of the jurors was related to a stockholder in the plaintiff company within the fourth degree. It appears from the record that the judgment sought to be set aside was rendered upon a verdict in favor of the Americus Manufacturing and Improvement Company against R. J. Mize, at the May term, 1897, of Sumter superior court. A motion was made by the defendant below for a new trial, and one of the groundsill the motion was the relationship of the juror, which is relied on in this case to set aside the judgment. That motion was dismissed by the trial judge, whose judgment was affirmed by this court. 106 Ga. 140. On the hearing of this motion to set aside the judgment, the court overruled the same, and error is assigned thereon. Section 5362 of the Civil Code declares: “When a judgment has been rendered, either party