Mitten v. Smock
Mitten v. Smock
3 N.J.L. 911
Opinion of 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.