Legal Opinion

Martin v. Morelock

Illinois Supreme Court

Decided November 15, 1863PublishedCited by 36 opinions

Appeal from the Cjircuit Court of Marion county; the Hon. Silas L. Betas, judge, presiding. This was an action of assumpsit brought in t*he court below, by Jacob Morelock against Welcom Martin, upon two promissory notes issued by the defendant to Monheimer, Freedman & Co., and Freedman & Stern, respectively, and by them assigned to the plaintiff.

Read the full summary

Appeal from the Cjircuit Court of Marion county; the Hon. Silas L. Betas, judge, presiding. This was an action of assumpsit brought in t*he court below, by Jacob Morelock against Welcom Martin, upon two promissory notes issued by the defendant to Monheimer, Freedman & Co., and Freedman & Stern, respectively, and by them assigned to the plaintiff. A trial was had before a jury, and upon the conclusion of the trial, it was agreed between the parties that if the jury should agree upon a verdict, they might seal the same and deliver it to the officer, and separate. The jury did agree upon a -…

1Opinion of the CourtJustice Breese

The errors assigned on this record, question the right and power of the Circuit Courts to permit a jury to retire, after having brought in a verdict in all respects formal, for the purpose of correcting an error in computation, or for the purpose of reconsidering their verdict.

This power, we believe, has never been questioned. A verdict is not considered valid and final until pronounced and recorded in open court. Either party has the right to have the jury examined by the poll before the verdict is recorded. Before it is recorded, they may vary from the first offer of their verdict, and the…

2Cited by36 opinions

  1. People v. KelloggIllinois Supreme Court · 1979
  2. People Ex Rel. Paul v. HarveyAppellate Court of Illinois · 1972
  3. People v. McGheeAppellate Court of Illinois · 2012
  4. Vane v. City of EvanstonIllinois Supreme Court · 1894
  5. Griffin v. LarnedIllinois Supreme Court · 1884

31 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API