American Publishing Co. v. Fisher
Supreme Court of the United States
'ERROR TO THE SUPREME COURT OF THE TERRITORY OF UTAH. On April 29, 1891, plaintiffs in error commenced an-action in the District Court of Salt Lake County, Territory of Utah, to recover of defendants the sum of $20,844.75 on a contract for furnishing labels, cards, etc. After answer the case came on for trial before a jury on December 10, 1892, and resulted in a verdict in favor of the defendants, signed by nine jurors, the others not concurring.
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'ERROR TO THE SUPREME COURT OF THE TERRITORY OF UTAH. On April 29, 1891, plaintiffs in error commenced an-action in the District Court of Salt Lake County, Territory of Utah, to recover of defendants the sum of $20,844.75 on a contract for furnishing labels, cards, etc. After answer the case came on for trial before a jury on December 10, 1892, and resulted in a verdict in favor of the defendants, signed by nine jurors, the others not concurring. Judgment was rendered upon this verdict, which was sustained by the Supreme Court of the Territory. 10 Utah, 147. This action of the trial and…
1Opinion of the Court
Mr» Justice Brewer,
after stating the case, delivered the opinion of the court.
As the amount in controversy is over $5000 this court in any view has jurisdiction of the case, and may inquire into all matters properly preserved in the record. The recital in the bill of exceptions shows that proper exceptions were taken to the charge of the court in respect to the number of jurors whose concurrence was essential to the verdict, and also to its action in receiving and entering of record such verdict.
The territorial' statute was relied upon as authority for this action. Its validity, therefore,…
2Cases cited8 opinions
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