Cox v. Moss
Supreme Court of Missouri
Appeal from JYoclaway Circuit Court. I. The court erred in overruling the motion in arrest of judgment. The Circuit Court being a court of record of gen-eral and common law jurisdiction, the parties are entitled to a jury of twelve men in all civil cases triable therein by a jury ; and no cause can be legally tried by a jury of any less number without the consent of the parties thereto, duly entered of record. (Yaughn vs. Scade, 30 Mo., 600 ; Brown vs. Han. & St. Jo.
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Appeal from JYoclaway Circuit Court. I. The court erred in overruling the motion in arrest of judgment. The Circuit Court being a court of record of gen-eral and common law jurisdiction, the parties are entitled to a jury of twelve men in all civil cases triable therein by a jury ; and no cause can be legally tried by a jury of any less number without the consent of the parties thereto, duly entered of record. (Yaughn vs. Scade, 30 Mo., 600 ; Brown vs. Han. & St. Jo. R. R. Go., 37 Mo., 298; Scott vs. Russell, 39 Mo., 407.) In Yaughn vs. Scade, 30 Mo., 600, and in Foster vs. Kirby, 31 Mo.,…
1Opinion of the CourtSherwood, Judge
This suit originated before a justice of the peace, and on appeal taken to the Circuit Court, the cause was there tried by a jury of six men, resulting in a verdict and judgment for the *434plaintiff. No consent of the defendant to the trial by that number was entered on the record ; and this was the ground for the motion in arrest, which was filed by the defendant. This motion was overruled, and this ease comes here by appeal ; and the above is the only question presented, by the record.
This point has been passed upon in this court, and the decisions thereon are uniform, that unless the…
2Cases cited3 opinions
- Vaughn v. ScadeSupreme Court of Missouri · 1860
- Brown v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1866
- Scott v. RussellSupreme Court of Missouri · 1867
3Cited by3 opinions
- Browning v. PowersSupreme Court of Missouri · 1898
- White v. CaldwellMissouri Court of Appeals · 1885
- Mahan v. School District No. 1Missouri Court of Appeals · 1888