
    MITTEN against SMOCK.
    OH CERTIORARI.
    The action below was brought by Smock against Mitten. The state of demand was for $20, and a jury of twelve men moved for and ordered, and were duly summoned; when the parties met for the trial of the cause, they consented that it should be tried by six instead of twelve men, which was done, and this was assigned for error.
    
      L. H Stockton, for plaintiff.
   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.  