John McLean

“ In 1817, the legislature of Louisiana enacted, that 'in every case to be tried by a jury, if one of the parties demands that the facts set forth in the petition and answer should be submitted to the said jury, to have a special verdict thereupon, both parties shall proceed, before the jury are sworn, to make a written statement of the facts so alleged and denied, the pertinency of which statement shall be judged of by the counsel and signed by the judge, and the jury shall be sworn to decide the question of fact or facts so alleged and denied,' &c. ”

“ The right to trial by jury, as the same is used and exercised at common law, is secured to every citizen of the United States by the constitution, both in civil and criminal cases. Amendments to the Constitution, art. ”

“ Gibbs, 4 Car. & Payne 466, is a case at common law, precisely in point. And the case of Pawling v. United States, 4 Cranch 219, is an analogous adjudication, which rules the principle, if not the very point. ”

“ The jury rendered a verdict against the defendants, for $6126, with interest, &c. This judgment the plaintiffs in error pray may be reversed, on the following grounds: 1. Because the surety, Abner L. Duncan, is not bound; as when he executed the bond, it was agreed that it should also be signed by Thomas Duncan. 2. Because William Carson was appointed paymaster for a certain district, and the judgment covers defalcations, which may have occurred out of such district. 3. The rejection by the court of the statement of facts, on which a special verdict was prayed. 4. ”

“ Judgment against three, will not bear execution against any one of them. Clark v. Clement, 6 T. R. 525; Roll. Abr. 888. Judgment againt two defendants will not even bear ca. sa. against one, and elegit against another. Blumfield v. Roswith, Cro. Eliz. 573; 5 Co. 86; Whiteacres v. Hamkinson, Cro. Car. 75; Barton v. Petit, 7 Cranch 288.
3. Duncan's heirs are not answerable, because he became surety, at all events, for no more than the district of Orleans; and Carson's delinquency, if any, occurred beyond that district. The bond is explicitly confined in terms to the district of Orleans. ”