Sheepshanks & Co. v. Jones
Supreme Court of North Carolina
From Hertford. This was a scire facias under the act of 1806, to secure creditors against fraudulent and secret conveyances of property by insolvent debtors. On the trial of the issues below, there was a deficiency of Jurors of the original panel, and the Sheriff summoned of the bystanders, as talesmen, two who were freeholders of Virginia, but not of North-Caroiina.
Read the full summary
From Hertford. This was a scire facias under the act of 1806, to secure creditors against fraudulent and secret conveyances of property by insolvent debtors. On the trial of the issues below, there was a deficiency of Jurors of the original panel, and the Sheriff summoned of the bystanders, as talesmen, two who were freeholders of Virginia, but not of North-Caroiina. They were challenged by the Defendant as incompetent jurors, being citizens of Virginia, and owning no freehold in North-Caroiina, but the Court disallowed the challenge, and they were sworn and impanelled on the trial of the…
1Opinion of the Court
Taylor, Chief-Justice,
delivered the opinion of the Court:
The. several acts of Assembly on the qualification of Jurors, as far back as they can be traced, seem to warrant the position that talesmen shall be freeholders of the same description with the original panel; and in practice it has always been considered that a freeholder in another State only, is not qualified. If our own laws do not permit our own citizens who are not freeholders in this State to serve on a Jury, it cannot he considered as the denial of a right or privilege to the citizens of another State, who are not freeholders…
2Cited by1 opinion
- State v. . GreenwoodSuperior Court of North Carolina · 1795