Mitten v. Smock

3 N.J.L. 911

Opinion

By the Court.

— The parties cannot by consent, change the legal mode of trial, and dispense at their pleasure with the law; they might have legally left their cause to the reference of six, or any other number of men. But this was not done. It was a trial by jury; the legal number of jurymen cannot be dispensed with, even by consent.

Judgment reversed.