
    
      Ayres vs. Barr.
    
    Covenant.
    Error to the Franklin Circuit; Henry Davxdge, Judge,
    
      Verdict. Jurors. Judgment.
    
    January 4.
    Judgment rendei'éd upon a verdict of eleven jurors, unless the defendant was in court to waive objecison to the number, is erf, rffneotXS.
    
   Chief Justice Robertson

delivered the opinion of the Court.

There is error in the judgment in this, to-wit:

1st, There were only eleven jurors; and the plaintiff in error was not present in court, and, therefore, did not waive objection to the number.

2d. The judgment is excessive; as the note was executed on the 1st of January, 1824, the defendant j-n error was emitted only to tbe value of the commonwealth paper and interest thereon. r r

Dana, for plaintiff; Denny, for defendant.

Judgment reversed, and cause remanded for further proceedings.  