Minnequa Cooperage Co. v. Hendricks
Supreme Court of Arkansas
Mandamus to Pulaski Circuit Court; G. W. Hendricks, Judge; 1. It was the duty of the court to receive the ver-diet and enter judgment thereon.- Even if Act 52 is in conflict with the Constitution, no objection was made, and the right to a unanimous verdict of twelve jurors was waived. It was the duty of the court to receive the verdict and enter judgment thereon. Kirby & Castle’s Digest, § § 7343, 7682, 7687; 44 Ark. 202; 79 Mo. App. 627; 19 Ohio Cir. Ct.
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Mandamus to Pulaski Circuit Court; G. W. Hendricks, Judge; 1. It was the duty of the court to receive the ver-diet and enter judgment thereon.- Even if Act 52 is in conflict with the Constitution, no objection was made, and the right to a unanimous verdict of twelve jurors was waived. It was the duty of the court to receive the verdict and enter judgment thereon. Kirby & Castle’s Digest, § § 7343, 7682, 7687; 44 Ark. 202; 79 Mo. App. 627; 19 Ohio Cir. Ct. Rep. 425. 1. Act 52, Acts 1917, is unconstitutional and void. A jury is twelve men -and the verdict must be unanimous. The Legislature can…
1Opinion of the CourtHart, J.
C. E. Shiffer brought suit in the Pulaski Circuit Court against the Minnequa Cooperage Company for false imprisonment. The case went to trial before a jury of twelve duly qualified electors of Pulaski County. At the conclusion of the trial the cause was submitted to the jury and it retired to consider of its verdict. After deliberating for some time, the jury returned into court and reported that it was unable to agree upon a unanimous verdict. Whereupon the court called the attention of the jury to an act of the Legislature for the year 1917, empowering nine or more jurors to return a…
2Cases cited9 opinions
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- American Publishing Co. v. FisherSupreme Court of the United States · 1897
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- State v. ChurchillSupreme Court of Arkansas · 1886
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