Whitehurst v. Davis.

Decided July 5, 1800

Superior Court of North Carolina · decided 1800-07-05

^JpHIS trac a 'Cavéáh It had been tried by a jury on the pre-raises, who had giveíi á verdict, which the county court had cor.fiyjuieíl. A writ of error was brought, and the error assigned was, that it had been tried by IS jurors. Cro. C. 414, and Trials Per Pais, 70, were cited.

Good law ✅— No negative treatment on recordhow we know

Decided 1800-07-05

How this case has been cited

Cited by 6 later decisions — most recently August 2018

5 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Per :;urhhi.

¶1 Qu.r constitution declares, that in all controver-ri-s at law inspecting property, the ancient mode of trial by ■Jury, is otic o' the best securities of the righto of the people, and ought to remain sacred and inviolable. It may be said, if :AS concur in a verdict, 12 must necessarily have given their assent. Bit any innovation amounting in the least degree to a departure frena the ancient mode, may cause a departure in Other inzlraces, and in the end, endanger or pervert this excellent inst'ifr.roa from its usual course ; therefore no such innovation should be permitted.

¶2 '¿'he judgment was reversed and a new trial ordered.