Hays v. Barnett

The fourth error states that the jury was sworn to try the issue joined, when the plea of the defendant and the joinder of the plaintiff were not filed. Whereas, it appears from the record, the issue (if it may be called one) was made up before the declaration was filed. This error, therefore, being very imperfectly and improperly stated, it is doxxbtful whether any notice ought to be taken of it. All the other errors, except the last, are unimportant. On this it may be proper to observe, that as it is of great coixsequence to society that the trial by jury should be preserved in the highest…