Miller v. Mabon
Supreme Court of Iowa
Appeal from the Marion District Court. In this case, tbe parties agreed tbat tbe jury might seal up their verdict and band it to the clerk, and thereupon court adjourned until the next morning. During the adjournment, the jury returned and delivered to the clerk their verdict, finding for the plaintiff in the sum of six hundred and sixty-six dollars, but it was not signed by either of the jurors.
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Appeal from the Marion District Court. In this case, tbe parties agreed tbat tbe jury might seal up their verdict and band it to the clerk, and thereupon court adjourned until the next morning. During the adjournment, the jury returned and delivered to the clerk their verdict, finding for the plaintiff in the sum of six hundred and sixty-six dollars, but it was not signed by either of the jurors. On the next morning, this was read, and “ defendant’s counsel objected to the same, because it was not signed by the jurors, whereupon said jury was recalled, in open court, into the box; and again,…
1Opinion of the CourtWright, C. J.
— Plaintiffs were entitled to judgment upon the verdict, as returned in the first instance by the jury. The Code provides that, when by consent, the jury have been permitted to seal their verdict, and separate before it is rendered, such sealing is equivalent to a rendition and recording thereof in open court; and that “the jury shall not be polled, nor shall they be permitted to disagree thereto, unless such a course has been agreed upon between the parties.” The verdict may be general or special, in actions for the recovery of money, or specific real or personal property — must be in…
2Cases cited1 opinion
- Tifield v. AdamsSupreme Court of Iowa · 1856
3Cited by8 opinions
- Matthys v. DonelsonSupreme Court of Iowa · 1917
- Freeman v. Wentworth & Irwin, Inc.Oregon Supreme Court · 1932
- Rutledge v. JohnsonSupreme Court of Iowa · 1979
- Hart v. Village of WyndmereNorth Dakota Supreme Court · 1911
- Weatherhead v. BurauSupreme Court of Minnesota · 1952
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