May v. Mil. & Miss. R. R.
Wisconsin Supreme Court
This was an action of assumpsit brought in the Rock County Court to recover eight equal monthly payments with interest thereon, upon an alleged subscription of five shares of one hundred dollars each to the capital stock of the Milwaukee & Mississippi Railroad Company, payable in eighteen equal monthly payments, commencing on the first day of September, 1852. The issue in this case having been made up, the cause was brought on for trial at the August term of the Rock County…
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This was an action of assumpsit brought in the Rock County Court to recover eight equal monthly payments with interest thereon, upon an alleged subscription of five shares of one hundred dollars each to the capital stock of the Milwaukee & Mississippi Railroad Company, payable in eighteen equal monthly payments, commencing on the first day of September, 1852. The issue in this case having been made up, the cause was brought on for trial at the August term of the Rock County Court, 1853. Before the cause came on for a trial, defendant moved the court for a jury to try the issue, consisting of…
1Opinion of the Court
By the Gourt,
Crawford, J.
On the trial of this cause in the County Court, the defendant in the action claimed the right of a trial of the issue joined, by a jury of twelve men, and objected to a trial by a jury of six men.
The County Court denied the right claimed, and overruled the objection of the defendant, and he took exception to the ruling of the court.
In the case of Norval vs. Rice and wife, 2 Wis. R. 22, we decided that the refusal to give a trial of fact by a jury of twelve men, was the denial of a right secured by the Constitution of this State, and-we reversed the judgment in that…
2Cited by2 opinions
- Jennings v. StateWisconsin Supreme Court · 1908
- Mackey v. EnzenspergerUtah Supreme Court · 1895