Florida Fertilizer & Manufacturing Co. v. Boswell

Citations

• 45 Fla. 301

Syllabus

<p>JURY — NUMBER OF JURORS IN CIVIL CASES.</p> <p>1. Between the 13th June, A. D. 1892, and '•-he 3rd June, A. D. 1899, there was no ^neral statute in Florida fixing the number of petit jurors in civil cases, and between those dates a jury of twelve men — the common, law number— was requisite in civil cases where parties had a constitu tional right to a jury, and where the requisite number was not waived.</p> <p>2. Where a jury trial was had in a civil case on the 22nd March, 1899, by a jury of six men in a case in which a defendant, a «corporation, was entitled to a jury of twelve men., at which trial the defendant was not present, either in person or by attorney, and nothing was done by it to waive the right to a jury of twelve man, and a writ of error was sued out from the judgment rendered against it, in proper time, and the record proper shows the above facts, and the defect m the number of jurors is assigned as error, the judgment will be reversed.</p>