Gillespie v. Benson

Cope, J. concurring.. When this case was called for trial the plaintiff was not present, and thereupon the defendants, who had pleaded a set-off to the.demand in suit, consented that the. trial be conducted with four jurors only. That number was accordingly impanneled, the trial procoeded with, and.a verdict rendered for the defendants in. the sum of ■ two hundred dollars. A motion to set aside the verdict and. for a •new trial, based on the ground that the trial was had with only four jurors, was made, and overruled; and, from, the order .overruling the motion, and from the: judgment on the…