Willson v. Light
Supreme Court of Arkansas
This was a case determined in Pope Circuit Court, in March, A. D. 1841, before the Hon. Richard C. S. Brown, one of the Circuit Judges. John Willson was summoned to appear before a justice of the peace, to answer the complaint of Wm. R. Light, assignee of E. D. Watson. Before the summons issued, the affidavit of Watson was filed, that he had lost the note sued on.
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This was a case determined in Pope Circuit Court, in March, A. D. 1841, before the Hon. Richard C. S. Brown, one of the Circuit Judges. John Willson was summoned to appear before a justice of the peace, to answer the complaint of Wm. R. Light, assignee of E. D. Watson. Before the summons issued, the affidavit of Watson was filed, that he had lost the note sued on. At the trial before the justice, Willson offered a set-off, which was not allowed; and, he making no other defence, judgment was rendered against him for the amount of the note, and interest; and he appealed. In the Circuit Court,…
1Opinion of the Court
By the Court,
Dickinson, J.
It is certainly true, as contended, that each party, under the constitution of the United States, and of our own State, is entitled to the benefit of a trial by jury. But then this is a personal right or benefit, which either or both of the parties may waive. And as the record shows that neither party demanded a jury, according to the provisions of our statute regulating the practice in such cases, it is an express waiver of the right. Rev. St., p. 633, sec. 98.
The judgment was given upon a lost note, as appears from the affidavit filed before the justice of the…
2Cited by2 opinions
- Stark v. CouchSupreme Court of Arkansas · 1913
- Wilson v. NewlandSupreme Court of Arkansas · 1844