Christensen v. Schwartz

The following opinion was filed December 4, 1928:

Stevens, J.

Upon the record presented, the question of, whether defendant Schwartz participated in any conspiracy to defraud was one for the jury to determine.

The verdict rendered is however insufficient to warrant a judgment against defendant Schwartz. Under the five-sixths jury law, sec. 270.25 of the Statutes, at least ten jurors must agree upon the answers to all questions that are essential to establish the liability of the defendant Schwartz. That rule requires that at least the same ten jurors must agree as to the answers that establish…