Cox v. Moss

Supreme Court of Missouri

Cox v. Moss

53 Mo. 432

CourtSupreme Court of Missouri

DecidedAugust 15, 1873

StatusPublished

Cited by3 cases

This text of 53 Mo. 432 (Cox v. Moss) is published on Counsel Stack Legal Research, covering Supreme Court of Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cox v. Moss, 53 Mo. 432 (Mo. 1873).

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Opinion

Sherwood, Judge,

delivered the opinion of the court.

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 [434]*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 constitutional right of the party to a trial by a jury of twelve men be expressly waived by entry .of record, the error, being one of record, may be raised by motion in arrest,whether exceptions, were saved or not. (Vaughn vs. Scade, 30 Mo., 600; Brown vs. Han. & St. Jo. R. R. Co., 37 Mo., 298; Scott vs. Russell, 39 Mo., 407.)

Judgment reversed and cause remanded.

Judges Wagner and Napton absent, the other J udges'concur.

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Sherwood, Judge,

delivered the opinion of the court.

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 [434]*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 constitutional right of the party to a trial by a jury of twelve men be expressly waived by entry .of record, the error, being one of record, may be raised by motion in arrest,whether exceptions, were saved or not. (Vaughn vs. Scade, 30 Mo., 600; Brown vs. Han. & St. Jo. R. R. Co., 37 Mo., 298; Scott vs. Russell, 39 Mo., 407.)

Judgment reversed and cause remanded.

Judges Wagner and Napton absent, the other J udges'concur.

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Bluebook (online)

53 Mo. 432, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cox-v-moss-mo-1873.

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