Legal Opinion

McElhone v. Wilkinson

Supreme Court of Iowa

Decided October 20, 1903PublishedCited by 3 opinions

Appeal from Jasper District Gourt. — Hon. W. Gr. Clements, Judge. Action to recover damages for the trespass of cattle and for slander. Trial to a jury and verdict and judgment for the plaintiff. The defendant appeals.

1Opinion of the CourtSheRwin, J.

It is contended by the appellant that the verdict in this case was a quotient verdict, and it is conceded by the appellee that if such were the case it should not stand. The petition was in counts — countone alleging damages for slander; count two claiming damages for the trespass of stock. After some deliberation, the jury voted that the plaintiff was entitled to a verdict. It was then suggested that each member of the jury note the amount he thought the plaintiff entitled to, and that the several sums so stated be added together and divided by twelve for the purpose, of ascertaining the…

2Cited by3 opinions

  1. Killion v. DinklageNebraska Supreme Court · 1931
  2. Keller v. GartinSupreme Court of Iowa · 1935
  3. Craft v. MyersSupreme Court of Iowa · 1943

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