First National Bank of Rock Springs v. Foster
Wyoming Supreme Court
Error to the District Court, Sweetwater County, Hon. David H. Craig, Judge. At the September, 1899, term of the District Court for Sweetwater County, on Oct. 4, 1899, was tried this action, theretofore brought by Richard Foster, as plaintiff against the First National Bank of Rock Springs, as defendant. Said action was an action at law, A trial by jury was demanded, and the cause was tried by a jury of twelve men.
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Error to the District Court, Sweetwater County, Hon. David H. Craig, Judge. At the September, 1899, term of the District Court for Sweetwater County, on Oct. 4, 1899, was tried this action, theretofore brought by Richard Foster, as plaintiff against the First National Bank of Rock Springs, as defendant. Said action was an action at law, A trial by jury was demanded, and the cause was tried by a jury of twelve men. The verdict of the jury was concurred in by only ten of the twelve jurors, two of the jurors refusing to concur in the verdict. Plaintiff in error objected to the receiving and…
1Opinion of the Court
CoRN, Justice.
Defendant in error brought suit against plaintiff in error upon a lost certificate of deposit. Under the instruction of the court that three-fourths of the jury might concur in and 'return a verdict, a verdict for the’ plaintiff was returned, signed by ten of the jurors, the other two refusing to concur.
The defendant below objected to the verdict being received for the reason that it was not unanimous, and therefore not a lawful verdict. The objection was overruled and the verdict entered, and the defendant took its exception. Our Declaration of Rights, Art. 1, Sec. 9 of the…
2Cases cited2 opinions
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- Advisory Opinion to the SenateSupreme Court of Rhode Island · 1971
- Coca-Cola Bottling Works v. HarveyIndiana Supreme Court · 1935
- In re the Estate of BordenNew York Surrogate's Court · 1936
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