M'Murray v. Oneal
Court of Appeals of Virginia
The questions in this cause (which was an action of ejectment) arose upon a bill of exceptions to the opinion of the County Court, stating, that after the jury had retired, it was agreed by the counsel, that they should deliver a privy verdict to John Peyton, Deputy Clerk of the Court. That the jury delivered a verdict at the office of the said John Peyton, who was not there at the time of the said delivery.
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The questions in this cause (which was an action of ejectment) arose upon a bill of exceptions to the opinion of the County Court, stating, that after the jury had retired, it was agreed by the counsel, that they should deliver a privy verdict to John Peyton, Deputy Clerk of the Court. That the jury delivered a verdict at the office of the said John Peyton, who was not there at the time of the said delivery. That a certain Obed White, one of the Clerks in the said office, in the presence of another of the Clerks, sealed up the verdict with other papers relative to the said cause; and, put…
1Opinion of the Court
PENDLETON, President,
after stating the ease, delivered the resolution of the Court as follows:
*218In this case, two objections are made to the proceedings of the County Court, in which the District Court reversed their judgment.
1st. That a privy verdict, was improperly given in the cause.
On this point, since the consent of parties will cure error, and an agreement is stated, that a privy verdict might be given, the only question is, whether the agreement has been properly pursued ?
The consent is, that the verdict should be given to John Peyton, deputy Clerk.
The fact stated is, that the jury went…
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