Weston v. Gilmore
Supreme Judicial Court of Maine
On exceptions. This was an action for money had and received to recover sixty-five dollars, paid for a certain patent right, the plaintiff claiming that he had rescinded the contract for fraud of the defendant, and also contending that the contract was only a conditional one, and that the money was recoverable back because the condition had not been performed.' The case was committed to the jury just before adjournment at night, with authority to seal the verdict after…
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On exceptions. This was an action for money had and received to recover sixty-five dollars, paid for a certain patent right, the plaintiff claiming that he had rescinded the contract for fraud of the defendant, and also contending that the contract was only a conditional one, and that the money was recoverable back because the condition had not been performed.' The case was committed to the jury just before adjournment at night, with authority to seal the verdict after adjournment of court for the day, and return the same to court upon the following morning. In the morning the sealed verdict…
1Opinion of the CourtBarrows, J.
The two classes of cases relating to erroneous
or defective verdicts, and the mode of correction to be pursued, are carefully considered in Little v. Larrabee, 2 Maine, 37.
From that case and the cases there cited, and subsequent decisions in the same line, we gather that in those of the first class, where the error is merely formal, and has no connection with the merits of the cause, and the amendment when made in no respect impairs or changes the rights of the parties, the verdict may be amended under the direction of the court after it has been affirmed and constructively recorded, and after…
2Cases cited1 opinion
- Barnard v. WhitingMassachusetts Supreme Judicial Court · 1811
3Cited by8 opinions
- Caylat v. Houston E. & W. T. Ry. Co.Texas Commission of Appeals · 1923
- Wolfgram v. Town of SchoepkeWisconsin Supreme Court · 1904
- Burchfield v. TannerTexas Supreme Court · 1944
- In Re Bradle, Texas Court of Appeals, 3rd District (Austin)2002
- De Blois v. DunklingSupreme Judicial Court of Maine · 1950
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