Ross v. Grand Pants Co.

BLAIR, C.

— This court . is without jurisdiction of this case unless the construction of the *297Constitution of the State is involved. On the part of appellant it is asserted the provision of our Constitution relating to trial by jury was drawn in question in the trial court in this wise: At the close of the evidence in the case the court adjourned until the following morning, and upon its reconvening appellant’s counsel stated that after adjourment on the previous day he had learned one of the twelve jurors had not been sworn to try the case, wherefore counsel moved the court “to discharge the…