Saxon v. Foster
Supreme Court of Arkansas
Appeal from Union Circuit Court.- Chaeles W. Smith, Judge. Until a verdict is received and recorded, it is without force or validity. Thompson, Trials, § - 2635; Proffatt, Jury Trials, § 449; 33 Kan. 145; 31 Ark. 198. The verdict must be returned as the law directs. Sand. & H. Dig-., § 5828. If a juror dissent, there is no verdict. 31 Ark. 199; 110 Pa. St. 387. And the entire jury should be sent back for deliberation. 63 Ala. 97; 31 Ga. 641; 41 Kan. 345; 3 Johns.
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Appeal from Union Circuit Court.- Chaeles W. Smith, Judge. Until a verdict is received and recorded, it is without force or validity. Thompson, Trials, § - 2635; Proffatt, Jury Trials, § 449; 33 Kan. 145; 31 Ark. 198. The verdict must be returned as the law directs. Sand. & H. Dig-., § 5828. If a juror dissent, there is no verdict. 31 Ark. 199; 110 Pa. St. 387. And the entire jury should be sent back for deliberation. 63 Ala. 97; 31 Ga. 641; 41 Kan. 345; 3 Johns. (K. Y.) 255; 2 Wend.-..,(lsr. Y.) 352; 20 Tex. 320; 52 K. Y. 437; 52 Pac. Rep. 391;.24. Hun (U. Y.), 181; 7 Johns. (N. Y.) 32; 6…
1Opinion of the CourtBunn, C. J.
This is suit in the Union circuit court by the appellee against appellant for the ’value of timber cut and sold off of her land by him. Judgment for $93.29 against defendant, and he appeals to this court.
The only question for our consideration in this ease is as to the verdict of the jury and the judgment thereon. The suit was for $885, but the’proof as to the quantity and value of the timber sold by defendant showed that he had sold in all $278.65 worth of timber. It also showed that defendant had paid out to redeem the land for plaintiff the sum of $284, and that plaintiff had repaid him…
2Cited by4 opinions
- Clift v. Jordan, Admr.Supreme Court of Arkansas · 1944
- Jernigan v. Pfeifer BrothersSupreme Court of Arkansas · 1928
- Coughlin v. WeeksWashington Supreme Court · 1913
- Norm Company v. HarrisSupreme Court of Arkansas · 1938