Livingston v. . Livingston

The action of the court in respect of the verdict amounted in law to setting it aside and granting a new trial. Mitchell v. Mitchell, 122 N. C., 332, 29 S. E., 367. The second response of the jury is without legal sanction.

It is true, in Lumber Co. v. Lumber Co., 187 N. C., 417, 121 S. E., 755, upon which the court’s action is sought to be sustained, the jury, after separating over the noon recess, was allowed to reassemble and to correct an error in calculation, but that case is quite unlike this one, and rests upon a different principle. Correcting an error before the discharge of the jury…