Your World of Legal Intelligence
 United States | 1-929-605-4013

Henning v. Hannibal & St. Joseph R.R. Co.

Document Cited authorities 1 Cited in 8 Precedent Map Related
Decision Date28 February 1865
Citation35 Mo. 408
PartiesWM. O. HENNING, Respondent, v. THE HANNIBAL AND ST. JOSEPH RAILROAD COMPANY, Appellant.
CourtMissouri Supreme Court

35 Mo. 408

WM. O. HENNING, Respondent,

v.THE HANNIBAL AND ST. JOSEPH RAILROAD COMPANY, Appellant.

Supreme Court of Missouri.

February Term, 1865.

Appeal from Macon Circuit Court.

Carr, for appellant.

DRYDEN, Judge, delivered the opinion of the court.

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.

To continue reading

Request your trial
9 cases
  • Lovings v. Norfolk & W. Ry. Co.
    • United States
    • West Virginia Supreme Court
    • March 31, 1900
    ... ... Joseph M ... Sanders, Judge ...          Action ... by Thomas ... under the statute. Henning v. Railroad Co., 35 Mo ... 408: "In trials in the circuit court the ... ...
  • Lovings v. Norfolk & W. Ry. Co
    • United States
    • West Virginia Supreme Court
    • March 31, 1900
    ...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......
  • City of Kansas v. Hill
    • United States
    • Missouri Supreme Court
    • October 31, 1883
    ...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......
  • Lovings v. Norfolk & W. Ry. Co.
    • United States
    • West Virginia Supreme Court
    • March 31, 1900
    ...when the defendant demanded a jury of twelve, which the trial court refused, and impaneled a jury of six, 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; Sta......
    • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT