Falkenburgh v. Cramer
Falkenburgh v. Cramer, 1 N.J.L. 35 (1790)
Headnotes
Where the sum in dispute is greater than the law allows to be decided by a jury of six men, a judgment on a verdict of six, though the cause was submitted by consent, is erroneous.
Summary
This case was removed to the Supreme Court by certiorari directed to Justice Matthis. On the return it appeared the demand was for £11 19s. lid., and a venire had issued for a jury of twelve men. At the trial six of the jurors only appeared, who, with the consent of parties, were sworn.
Verdict for plaintiff £8 Us., and costs and judgment accordingly.
Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.
Opinion of the Court
Text extracted by OCR from a scanned original; check the original for exact wording.
Per Curiam.
Reverse the judgment; the consent of parties cannot avail against the express words of the act of the legislature.
How later courts describe this case
No later court has written an explanatory parenthetical about this case yet.
Cited by 1 case
View all citing references →Relies on it most ⓘ
Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.