Richards v. Sperry
Wisconsin Supreme Court
ERROR TO JVEEEERSOE CIRCUIT COURT. This was an action of tort commenced by the plaintiff, Richards, against the defendants, before a justice of the peace, and taken by appeal to the circuit court, where a trial was had before a jury who returned the following verdict: “ The jury in this cause say they find the defendant guilty, and assess the plaintiff’s damages at twenty-eight dollars.” Upon this verdict the defendants moved in arrest of judg.ment, and for a new trial.
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ERROR TO JVEEEERSOE CIRCUIT COURT. This was an action of tort commenced by the plaintiff, Richards, against the defendants, before a justice of the peace, and taken by appeal to the circuit court, where a trial was had before a jury who returned the following verdict: “ The jury in this cause say they find the defendant guilty, and assess the plaintiff’s damages at twenty-eight dollars.” Upon this verdict the defendants moved in arrest of judg.ment, and for a new trial. The motion was overruled and the plaintiff had judgment against both defendants.
1Opinion of the Court
By the Court,
Whiton, C. J.
We shall not notice all the errors relied upon by the plaintiff in error to reverse the judgment in this case, because the verdict is not such an one as could authorize a judgment.
The action was in tort and the jury have found only one of *220the defendants guilty, without any finding as to the other, an.d without designating which defendant they convict. The verdict is in. these words: “ The jury in this cause say they find the defendant guilty, and assess the plaintiffs’ damages at twenty-eight dollars.” We do not think that this verdict authorized any judgment against…
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