State ex rel. Peper v. Holtcamp
Supreme Court of Missouri
Certiorari. (1) The proceedings of the probate court are null and void because the verdict was signed by only ten of the jurors. Sec. 474, R. S'. 1909', provides that inquiries of this character shall be “inquired into by a jury.” This means that the verdict of the jury must be unanimous. Sec. 28, art. 2, of the Constitution allowing a three-fourths verdict of the jury “in all civil eases” has no application to cases of this character.
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Certiorari. (1) The proceedings of the probate court are null and void because the verdict was signed by only ten of the jurors. Sec. 474, R. S'. 1909', provides that inquiries of this character shall be “inquired into by a jury.” This means that the verdict of the jury must be unanimous. Sec. 28, art. 2, of the Constitution allowing a three-fourths verdict of the jury “in all civil eases” has no application to cases of this character. An inquiry into the sanity of a person is not “a civil action.” A civil action is one which has for its object the recovery of private or civil rights or of…
1Opinion of the CourtFerriss, J.
— This is an original proceeding by certiorari to review proceedings in the probate court of the city of St. Louis, wherein the relator was -adjuged insane upon a verdict concurred in by ten of the twelve jurors, the remaining two jurors expressly refusing to concur.
The only question presented to this court is whether a verdict of a jury rendered in an insanity inquiry instituted under section 474, Revised Statutes 1909, must be unanimous, notwithstanding the amendatory clause in section 28, article 2, of our Constitution which provides, that a three-fourths verdict will be sufficient “in a…
2Cases cited1 opinion
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3Cited by11 opinions
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- Ellern v. Superior CourtWashington Supreme Court · 1945
- Howard v. StrodeSupreme Court of Missouri · 1912
- Ex Parte Higgins v. HoctorSupreme Court of Missouri · 1933
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