Supreme Court of New Jersey, 1811

Mitten v. Smock

Mitten v. Smock
Supreme Court of New Jersey · Decided November 15, 1811
3 N.J.L. 911
Mitten v. Smock

Opinion of the Court

By the Court.

— The parties cannot by consent, change the legal mode of trial, and dispense at their pleasure with the law; they might have legally left their cause to the reference of six, or any other number of men. But this was not done. It was a trial by jury; the legal number of jurymen cannot be dispensed with, even by consent.

Judgment reversed.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.