State Ex Rel. Neill v. Nutter

Hatcher, Judge:

The respondent in this case presided as special judge of the Circuit Court of Marion County in an -action for damages in which the petitioner herein was defendant and one Margaret J. Leathern was plaintiff.

After tbe jury bad deliberated some time, it returned into court witb a verdict signed by its foreman in favor of tbe defendant. Upon being asked by tbe special judge “So say all of you?” several jurors expressed assent, and none denied tbe verdict. At tbe request of plaintiff’s counsel, tbe jury was thereupon polled. Upon tbe poll, eleven jurors answered “Yes” and one juror,…