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
ON PETITION EOR REHEARING.
Corn, Justioe.
In the course of the trial in this case the court instructed the jury that they might return a verdict upon the concurrence of three fourths of their number. The record shows no objection to this instruction by either party, and it seems that none was in fact made. But upon the return of the jury into court with a verdict signed by ten of their number, the defendant by its counsel requested that the jury be polled. From the poll it appeared that only ten of the twelve jurymen concurred in the finding, and defendant then objected to the receiving and…
2Cases cited2 opinions
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- Wilson Sewing Machine Co. v. BullSupreme Court of Iowa · 1879