53 Mo. 432 | Mo. | 1873
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
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.