Portwright v. St. Louis Transit Co.

This suit was begun in a justice’s court, taken by appeal to the circuit court, where there-was a judgment for the plaintiff for $175, from which an *73appeal was taken by the defendant to this court. The appeal was taken to this court on the idea that.a constitutional question was involved, to-wit, the validity of the law which authorizes nine of a jury in a court of record to render a verdict in a civil suit. The court of its own motion instructed the jury as follows:

“The court instructs the jury that nine of your number have the power to find a verdict, and if less than the whole of your…