17 Tenn. 7 | Tenn. | 1836
delivered the opinion of the court.
This suit was commenced before a justice of the peace, and taken by appeal to the circuit court. On the trial, the defendant offered to prove that at the time the summons from the justice was executed on him, he was attending court as juror; this testimony the court refused to hear. Is there error in this determination? We think not, for two reasons. The act of 1799, c. 6, § 11, under which this testimony was offered, says, “no sheriff or other officer shah serve or execute any writ or other process on the body of any juror, during his attendance 'on, going to, or returning from any county’or circuit court, atad any such service shall be void, and the defendant may, on motion, be discharged.’?: The object of this statute, from beginning to end, is to make provision for furnishing jurors to the courts, who shall be constant and punctual in their attendance. The eleventh section was to prevent a delay of the business, by an exemption of the jurors, from process against their bodies, not to grant a privilege from arrest for the benefit of the juror. Á summons is not a process or writ against the body, it is only-a notice, and therefore not within the words of the statute: but it is-said it is within the spirit. We think not. All the act does, is to free the juror from bodily arrest, in order that he may be able to attend court; for us to go further, and say that it was intended for the personal benefit of the juror, and that he should
Judgment affirmed,