Colt v. Eves
Supreme Court of Connecticut
IN ERROR. This was an action of trespass vi et armis and de bonis asportatis, brought by Hannah Eves, against Anson T. Colt and Silas Mix, before the city court of the city of New-Haven. The defendants pleaded, severally, the general issue, with notice of special matter in justification. The cause was tried before that court, October term, 1836, when the plaintiff obtained a verdict against both the defendants.
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IN ERROR. This was an action of trespass vi et armis and de bonis asportatis, brought by Hannah Eves, against Anson T. Colt and Silas Mix, before the city court of the city of New-Haven. The defendants pleaded, severally, the general issue, with notice of special matter in justification. The cause was tried before that court, October term, 1836, when the plaintiff obtained a verdict against both the defendants. They then filed a bill of exceptions, and brought a writ of error, on which the points in this case arise. On the first Monday of July, 1834, the mayor, aldermen and common council men…
1Opinion of the Court
Williams, Ch. J.
Various objections were made to the proceedings in the cause, commencing with the empannelling of the jury and ending with the charge of the court.
It is said, that the jury being taken from the city, and not from the body of the county, although in conformity to the city charter, is not organized constitutionally, within the 7th section of the amendment of the constitution of the United States, and the 2lst section of the bill of rights of this state, by which provision is made that the right of trial by jury shall be preserved inviolate.
So far as it regards the constitution…
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