Venine v. Archibald
Supreme Court of Colorado
Appeal from Probate Court of Clear Creek County. This was an action in trover brought by Archibald against Yenine to recover damages for the alleged conversion of two horses, a wagon and harness. ■ The cause was originally instituted before a justice of the peace in Olear Creek county, from whose judgment an appeal was taken to the probate court.
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Appeal from Probate Court of Clear Creek County. This was an action in trover brought by Archibald against Yenine to recover damages for the alleged conversion of two horses, a wagon and harness. ■ The cause was originally instituted before a justice of the peace in Olear Creek county, from whose judgment an appeal was taken to the probate court. Upon the trial in the probate court, before a jury, Archibald obtained a verdict for $217. Judgment was subsequently rendered in Ms favor for that amount, and Ye-nine prosecutes his appeal in this court. The facts are sufficiently stated in the…
1Opinion of the CourtElbert, J.
At the trial in the court below the plaintiff in error, Yenine, demanded a trial by a jury of twelve men, which was granted by the court upon the condition that he pre-pay the jury fee fixed by statute at $20. This prepayment Yenine refused to make and the trial was had before a jury of six men.
Section 3 of an act relating to the probate courts of Clear Creek and other counties provides (inter alia) as follows : * * * * * “All issues of fact in said probate courts *165shall be tried by jury of six men, unless both parties waive a trial by jury, in which case the same may be tried by the court.”…
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