48 Tenn. 294 | Tenn. | 1870
delivered the opinion of the Court.
It appears from the bill of exceptions, that on the trial of this cause, the defendant inquired of the jury if any of them had suits pending in the court in which the trial was had, an,d six of the said .jurors .answered that they had suits pending in said Court, but not for trial at that term; and thereupon, the defendant moved the Court to discharge the said six jurors so having suits pending, and to appoint jurors in their stead free from exception; but the Court refused so to do, and the jurors so having suits pending, were allowed to remain on the jury, and try the cause. To this action of the Court the defendant excepted, and the question before us is whether this was error.
The. right of trial by jury is as old as the common law in England, and is supposed by Worthington, in his Treatise on Juries, 27 Law Lib., 5, 6, to have
The provisions in the Code, so far as they relate to the question .raised in this case, are, that the County Court of such county shall, at the first session after each term of the Circuit Court, designate twenty-five good and lawful men to serve as jurymen at the next succeeding court, that one of the jurors thus designated shall reside in each civil district into which the county is divided; that the Justices from each district may designate the juryman from that district; that no court shall appoint any person to serve as a juror more than one time in each period of twelve months; and that, in making the selection, such persons only as they know, or have good reason to believe, are esteemed in
The evidence. set out in the record does not fully ■satisfy us of the plaintiff’s right to recover in this action of forcible entry and detainer; but we are not prepared to say that there is no evidence to sustain the verdict; and in view of a long-established rule of this