44 N.C. 244 | N.C. | 1853
By the Revised Statutes, ch. 31, sec. 3T, “ each party in all civil suits” may challenge peremptorily four jurors. So the question is, are proceedings in bastardy “ civil suits?”
Suits are either civil or criminal. All criminal suits are prosecuted in the name of the State ; but all suits prosecuted in the name of the State are not criminal suits : — an action of debt may be prosecuted in the name of the State. The true test is, when
The other question is settled. State v. Floyd, 13 Ire., 382.'
Per Curiam. Judgment reversed, and venire de novo awarded.