Legal Opinion

Wolfran v. Eyster

Supreme Court of Pennsylvania

Decided May 15, 1838PublishedCited by 13 opinions

ERROR to the common pleas of York county. Eyster against Wolfran. Action of debt. In this case the jury having been charged by the court, retired to their room at half past twelve o’clock, P. M., with directions to seal their verdict in case they should agree during the intermission of the court. At two o’clock the jury brought into court a sealed verdict, in the following words: “We, the jurors, do find for the plaintiff 160 dollars, and interest for the same.”

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ERROR to the common pleas of York county. Eyster against Wolfran. Action of debt. In this case the jury having been charged by the court, retired to their room at half past twelve o’clock, P. M., with directions to seal their verdict in case they should agree during the intermission of the court. At two o’clock the jury brought into court a sealed verdict, in the following words: “We, the jurors, do find for the plaintiff 160 dollars, and interest for the same.” Whereupon the court directed the jury to retire again to their room, and ascertain the amount of the interest; the defendant’s…

1Opinion of the Court

The opinion of the Court was delivered by

Huston, J.

It is a matter of frequent occurrence, in every district of the state, that juries deliver their verdict verbally or in writing; and upon its being heard or seen the jury are informed that it is informal, andaré instructed by the court in what particular, and directed how to amend it, by calculating the interest, or stating it in some other form. So far from this being error, it would be wrong for a court to omit it, and thus subject the parties and the county to the expense and trouble of another trial. I speak of amending mere defects in…

2Cases cited2 opinions

  1. Dornick v. ReichenbackSupreme Court of Pennsylvania · 1823
  2. Walters v. JunkinsSupreme Court of Pennsylvania · 1827

3Cited by13 opinions

  1. Commonwealth v. MicusoSupreme Court of Pennsylvania · 1922
  2. Warner v. . New York Central R.R. Co.New York Court of Appeals · 1873
  3. Keyes v. Chicago, Burlington & Quincy RailroadSupreme Court of Missouri · 1930
  4. Porter v. RummeryMassachusetts Supreme Judicial Court · 1813
  5. Charles v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1918

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