Garrett v. State ex rel. Huntsinger

Appellee brought this action against appellant, to compel him to perform an alleged duty as road supervisor. The cause was tried by a jury, and the following verdict returned: “We the jury find for the plaintiff.” Over a motion for a venire de novo, and a motion for a new trial, the court rendered judgment on the verdict in favor of appellee, and awarded a peremptory writ of mandate against appellant. The errors assigned call in question the action of the court in overruling said motions.

It is settled law that a motion for a venire de novo will not be sustained unless the verdict is so…