Grammer v. Wiggins-Meyer Steamship Co.

Before passing to an analysis of the evidence, we will take up the last point raised. On this subject, we note the following clear and concise statement from 2 Thompson on Trials (2 ed.), Section 2635:

“The form of the verdict as recorded must govern, in case of any discrepancy between it and the verdict which the jury actually returned into court, — the pre sumption being that the jury assented to the verdict as recorded. ’ ’

This is settled law.

Again, at 25 Stan. Ency. of Proced., page 1029, appears the following valuable excerpt:

“It is the recorded verdict, not the paper returned by a jury…