Walton v. Mays
Idaho Supreme Court
APPEAL from the District Court of the Fifth Judicial District, for Power County. lion. Robert M. Terrell, Judge. Action to recover balance on account. Judgment for plaintiff. The jury decides the question upon the'evidence, not upon the pleadings. It would be a vicious practice to require the pleadings to be sent out with the jury to their jury-room.
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APPEAL from the District Court of the Fifth Judicial District, for Power County. lion. Robert M. Terrell, Judge. Action to recover balance on account. Judgment for plaintiff. The jury decides the question upon the'evidence, not upon the pleadings. It would be a vicious practice to require the pleadings to be sent out with the jury to their jury-room. (Spaulding v. Saltiel, 18 Colo. 86, 31 Pac. 486.) It would not conduce to a full and fair trial if inexperienced jurors were left to determine the issues from the pleadings. (Kansas City, Ft. Scott, S. & M. B. B. Go. v. Eagan, 64 Kan. 421, 67…
1Opinion of the CourtRice, J.
This is an appeal from a judgment in favor of plaintiff upon an action to recover balance due upon account.
The first assignment is that the court erred in allowing the jury to take the complaint, answer and bill of particulars to the jury-room, and in instructing the jury that it might refer to them and each of them for such information as would assist it in arriving at a proper verdict.
C. S., sec. 6852, provides: “Upon retiring for deliberation the jury may take with them all papers which have been received as evidence in the cause, except depositions, or copies of such papers as ought not,…
2Cases cited5 opinions
- Nance v. ValentineWashington Supreme Court · 1918
- Powley v. SwensenCalifornia Supreme Court · 1905
- Berlin Machine Works v. Dehlbom Lumber Co.Idaho Supreme Court · 1916
- Landry v. Seattle Port Angeles & Western Railway Co.Washington Supreme Court · 1918
- McGuire v. Bryant Lumber & Shingle Mill Co.Washington Supreme Court · 1909
3Cited by4 opinions
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- Shepard v. SmithIdaho Supreme Court · 1953
- Ryan v. Beaver CountyUtah Supreme Court · 1933
- Continental Jewelry Co. v. IngelstromIdaho Supreme Court · 1926