Opinion · Superior Court of North Carolina

Whitehurst v. Davis.

Whitehurst v. Davis., 3 N.C. 113 (Superior Court of North Carolina 1800)

Type
Opinion
Court
Superior Court of North Carolina
Jurisdiction
North Carolina
Date
1800-07-05
Topic
general

Per :;urhhi. 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. '¿'he judgment was reversed and a new trial ordered.

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Cited by
4 opinions
Per :;urhhi.

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.

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