Summary
In Whitehurst v. Davis, 3 N.C. 113 (2 Haywood's Law Equity) (1800), the error assigned was that a caveat had been tried by thirteen jurors.
Summary of this case from State v. BindykeOpinion
(Spring Riding, 1800.)
That a caveat has been tried by thirteen jurors was held good cause for a writ of error.
CAVEAT. It had been tried by a jury on the premises, who had given a verdict, which the county court had confirmed. A writ of error was brought, and the error assigned was that it had been tried by thirteen jurors. Cro. C., 414, and Trials, Per Pais, 70, were cited.
Our Constitution declares that in all controversies at law respecting property the ancient mode of trial by jury is one of the best securities of the rights of the people, and ought to remain sacred and inviolable. It may be said, if thirteen concur in a verdict, twelve must necessarily have given their assent. But any innovation amounting in the least degree to a departure from the ancient mode may cause a departure in other instances, and in the end endanger or prevent this excellent institution from its usual course. Therefore, no such innovation should be permitted.
New trial.