Pierce v. Tate

Decided April 15, 1854

Mississippi Supreme Court · decided 1854-04-15

In error from the circuit court of Noxubee county; Hon. John Watts, judge. The opinion contains a statement of the case. The objection to the statement in the record in regard to the jury being sworn, we think, has no force. The language is, “ who were sworn well and truly to try the issue joined between the parties, who upon their oaths do say,” &e. What is implied in their being sworn?

Decided 1854-04-15

Mr. Justice Fisher

¶1delivered the opinion of the court.

¶2It is insisted in this case that the jury were not sworn according to lawr, and that therefore the judgment ought to be reversed. The oath is, that the jury were “ sworn well and truly to-try the issue joined between the parties.” This oath is according to the universal practice in civil cases, and we think sufficient.

¶3The jurors on the regular venire are sworn for the week, and tales jurors for the day, and we must suppose that the oath required by the statute was administered, unless the contrary is conclusively shown by the record. It is not the practice in this State to swear the jury in each case submitted to them, but either for the week or day, as above stated.

¶4Judgment affirmed.