Henning v. Hannibal & St. Joseph R.R. Co.
| Decision Date | 28 February 1865 |
| Citation | Henning v. Hannibal & St. Joseph R.R. Co., 35 Mo. 408 (Mo. 1865) |
| Parties | WM. O. HENNING, Respondent, v. THE HANNIBAL AND ST. JOSEPH RAILROAD COMPANY, Appellant. |
| Court | Missouri Supreme Court |
Appeal from Macon Circuit Court.
Carr, for appellant.
This was an appeal from the justice's court. In the Circuit Court the case was tried by a jury of six against the objections of the appellant, who required the jury to consist of twelve men. For this cause the judgment of the Circuit Court must, in accordance with the previous decisions of this court upon the questions here raised, be reversed. (Foster v. Kirby, 31 Mo. 496; Vaughan v. Scade, 30 Id. 600.) It is not believed that a decision of the other question presented by the appellant would materially assist the Circuit Court in a re-trial of the case, and we will therefore pass them without further notice.
Judge Bay concurring, the judgment is reversed and the cause remanded.
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8 cases
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Lovings v. Norfolk & W. Ry. Co.
... ... Joseph M ... Sanders, Judge ... Action ... by Thomas ... under the statute. Henning v. Railroad Co., 35 Mo ... 408: "In trials in the circuit court the ... ...
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Lovings v. Norfolk & W. Ry. Co
...a Jury, when the defendant demanded a jury of 12, which the trial court refused, and impaneled a jury of 6, under the statute. Henning v. Railroad Co., 35 Mo. 408: "In trials in the circuit court the parties are entitled to demand a Jury of twelve men." Byrd v. State, 1 How. (Miss.) 177; St......
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City of Kansas v. Hill
...Dean for appellants. The appellants were entitled to a jury of twelve men. Cons., art. 2, § 21; Vaughn v. Scade, 30 Mo. 600; Henning v. Railroad Co., 35 Mo. 408; State v. Van Matre, 49 Mo. 268; Kine v. Defenbough, 64 Ill. 292; Isom v. Railroad Co.,36 Miss. 312; Armstrong v. Jackson, 1 Black......
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Huckshold v. United Railways Co.
...twelve jurors and unanimity of opinion of not less than nine under the present Constitution. Vaughn v. Scade, 30 Mo. 600; Henning v. Hannibal & St. Joe, 35 Mo. 408; State v. Hamey, 168 182; State ex rel. v. Withrow, 133 Mo. 519; American Pub. Co. v. Fisher, 166 U.S. 468. (b) This right assu......
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