Scott v. Russell
Supreme Court of Missouri
Error to Cole Circuit Court.- I. It is insisted that the court erred in denying the defendants’ trial by jury. The value of controversy was over twenty dollars. Const, of U. S., § 7, of Amendments: “ A petit jury shall consist of twelve citizens duly qualified.’*'. Defendants were entitled to this on the trial of an appeal from a justice — 1 Binn. 416 ; 8 Ohio, N. S., 205. The Legislature had no power to deprive the defendants below of this right.
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Error to Cole Circuit Court.- I. It is insisted that the court erred in denying the defendants’ trial by jury. The value of controversy was over twenty dollars. Const, of U. S., § 7, of Amendments: “ A petit jury shall consist of twelve citizens duly qualified.’*'. Defendants were entitled to this on the trial of an appeal from a justice — 1 Binn. 416 ; 8 Ohio, N. S., 205. The Legislature had no power to deprive the defendants below of this right. The fact that the counsel for defendants did not state that he demanded a jury of twelve till after plaintiffs exercised their right of challenge…
1Opinion of the CourtWagner, Judge
This was an action instituted before a justice of the peace in Cole county, for the recovery of a mare alleged in the complaint to belong to the plaintiffs. Judgment was rendered in the justice’s court for plaintiffs, and defendants appealed to the Circuit Court, where, upon a trial anew, plaintiffs obtained a verdict, and judgment was entered thereon. The defendants, after an unsuccessful motion for a new trial and in arrest of judgment, sued out their writ of error to this court.
When the cause was called in the Circuit Court, both parties announced themselves ready for trial, and the court…
2Cases cited2 opinions
- Vaughn v. ScadeSupreme Court of Missouri · 1860
- Brown v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1866
3Cited by7 opinions
- St. Paul & Sioux City Railroad v. GardnerSupreme Court of Minnesota · 1872
- People's Sec. Bank v. SandersonSouth Dakota Supreme Court · 1909
- Brown v. Home Savings-BankMissouri Court of Appeals · 1877
- Grant v. WhortonSouth Dakota Supreme Court · 1912
- Cox v. MossSupreme Court of Missouri · 1873
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