History Of Trial By Jury

Satisfactory evidence, though not all the evidence, of what the Common Law trial by jury really is'

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1852 edition. Excerpt: ... upon the presumption that payment has been made; and that which, in cases of prescription, prevents a disturbance of the right by presuming a grant from the owner of the fee. Section V. Utility of Written Pleadings. The English system of pleading is, in theory, admirably adapted for civil trials by the intervention of ajury; or perhaps it would be more correct to say, it has grown as an offshoot out of that system. For when the true principles of pleading are kept in view, a more efficacious instrument for enabling the jury to discharge their peculiar functions can hardly be imagined. The plaintiff makes a written statement of his cause of complaint, and to this the defendant puts in an answer, which consists, at his option, either of a denial of the facts alleged on the other side, or an admission of them with the addition of some other facts which, in his opinion, justify his conduct. Or he asserts, that taking all that is said by the plaintiff to be true, it gives the latter no legal right of action. In this case he is said to demur, and the question is obviously one of law, ready at once for the decision of the court. But if there is no demurrer, then the plaintiff must either reply or demur to the fresh matter of fact alleged by the defendant; and here again the defendant must either rejoin in like manner as he answered before, or he must demur. And so the pleadings proceed until the dispute between the parties ultimately resolves itself into the assertion of some fact, or facts, by the one side which are denied by the other, and it is the province of the jury to determine by their verdict which is right; or else a question of law is raised for the decision of the court. No matter how complicated the transaction may have been, it...

Levy skillfully traces the development of trial by jury.