Fred W. Wolf Co. v. Salt Lake City Brewing Co.
Utah Supreme Court
Appeal from the District Court of the Third Judicial District, Hon. George W. Bartch, Judge, Action by the Fred W. Wolf Company, a corporation, against the Salt Lake City Brewing Company, a corporation. From a judgment for plaintiff, defendant appeals.
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Appeal from the District Court of the Third Judicial District, Hon. George W. Bartch, Judge, Action by the Fred W. Wolf Company, a corporation, against the Salt Lake City Brewing Company, a corporation. From a judgment for plaintiff, defendant appeals. Appellant propounded and discussed the following propositions: First — Has the legislature power so to change the law in relation to juries as to provide that petit juries may be composed of a less number than twelve? Second — Has the legislature the power to provide that a number of the petit jury, less than the whole number, may render a…
1Opinion of the Court
MeREITt, C. JV:
The appellant’s only point for setting aside the verdict and for reversal of the judgment in this case is that the verdict of the jury was concurred in by only nine of the jurors. The record presents only this question: “ Can nine concurring jurors render a verdict?” The legislature ■of Utah, on March 10, 1892, amended the jury law, and provided that “ in all civil cases a verdict may be rendered on the concurrence of nine or more members of the jury.” This statute has been held valid by^this court in the case of Hess v. White, 33 Pac. 243, and also by this court, at its…
2Cases cited2 opinions
- American Publishing Co. v. FisherUtah Supreme Court · 1894
- Tucker v. Salt Lake CityUtah Supreme Court · 1894