Hary v. Speer
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Eon. O’Neill Ryan> Judge. '(1) The court had no more authority or power to cal] these twelve men into the jury box again to consider a verdict in this case than he had to call any other twelve men from among those summoned for jury service and who, like these twelve, were waiting in the court room the further orders of the court. 17 Am. and Eng.
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Appeal from St. Louis City Circuit Court. — Eon. O’Neill Ryan> Judge. '(1) The court had no more authority or power to cal] these twelve men into the jury box again to consider a verdict in this case than he had to call any other twelve men from among those summoned for jury service and who, like these twelve, were waiting in the court room the further orders of the court. 17 Am. and Eng. Ency. of Law, p. 1261; Lawn v. Wood, 69 111. 282; Richards v. Page, 81 Me. 563; West v.‘ Railroad, 61 Miss. 536; State v. Dawkins, 32 S. C. 17; Mills v. Commonweal th, 7 Leigh (Ya.) 721; Champ Spring Co. v.…
1Opinion of the CourtNortoni, J.
(after stating the facts).
1. It is argued by defendant that the verdict which the court *560first discovered among the papers, upon opening the sealed envelope, and read to and in the presence of the jury, is the verdict which the court should have directed filed and recorded in the case and upon which it should have entered judgment. It is urged that the court is without .authority to accept the true verdict, as it did, after the first was read to the jury. We are not impressed with the argument advanced. The defendant cites many authorities in support of the proposition, to which we fully…
2Cases cited17 opinions
- Dalrymple v. . WilliamsNew York Court of Appeals · 1875
- Daniels v. McGinnisIndiana Supreme Court · 1884
- Thames Loan & Trust Co. v. BevilleIndiana Supreme Court · 1885
- Root v. SherwoodNew York Supreme Court · 1810
- Settle v. AlisonSupreme Court of Georgia · 1850
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3Cited by8 opinions
- Keyes v. Chicago, Burlington & Quincy RailroadSupreme Court of Missouri · 1930
- Riley v. St. Louis Public Service Co.Missouri Court of Appeals · 1952
- Blackman v. BotschMissouri Court of Appeals · 1955
- Vancil v. CarpenterMissouri Court of Appeals · 1996
- Ralston Purina Co. v. KennedyMissouri Court of Appeals · 1961
3 more not listed; retrieve them via the Exa API.