Bedal v. Spurr
Supreme Court of Minnesota
Plaintiff brought this action in the district court for Redwood county, to recover for goods sold and also for a balance due on an account stated. At the trial, before Webber, J., and a jury, defendant had a verdict which was entered in the manner stated in the opinion. Plaintiff appeals from an order refusing a new trial. The verdict in this action was void.
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Plaintiff brought this action in the district court for Redwood county, to recover for goods sold and also for a balance due on an account stated. At the trial, before Webber, J., and a jury, defendant had a verdict which was entered in the manner stated in the opinion. Plaintiff appeals from an order refusing a new trial. The verdict in this action was void. Nomaque v. People, 1 Ill. 145; Hoot v. Sherwood, 6 John. 68; Blakely v. Sheldon, 7 John. 80; Hil-liard on New Trials, 237, 241; 3 Wait’s Practice, 193; 3 Blackstone, Com. 377; Com. v. Durfee, 100 Mass. 146; Com. v. Tobin, 125 Mass. 203;…
1Opinion of the CourtVanderburgh, J.
The question which was chiefly argued on this appeal is the alleged irregularity in the matter of the rendition of the verdict in this case. The verdict having been agreed on by the jury, the same was received and recorded by the clerk in the absence of the judge, in pursuance of the consent of the parties, previously duly given in open court. A new trial is sought on this ground, notwithstanding such stipulation. The jury had retired in the charge of an officer to consider their verdict, and before they had agreed, the judge being obliged to be absent, the parties expressly consented that…
2Cases cited1 opinion
- Burlingame v. BurlingameWisconsin Supreme Court · 1864
3Cited by6 opinions
- Johnson v. OkerstromSupreme Court of Minnesota · 1897
- Graves v. BonnessSupreme Court of Minnesota · 1906
- Freeman v. City of MinneapolisSupreme Court of Minnesota · 1945
- Miller v. YoungMichigan Supreme Court · 1917
- Pennsylvania Co. v. BartonAppellate Court of Illinois · 1906
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