Short v. Boss

In closing his charge to the jury upon the special verdict of ten questions, with subdivisions, the court said: "After you have arrived at your own conclusions as to how the question should be answered, you will have your foreman write in the answer, and after you have completed your work you will return into court.” No reference was made in the charge to the present statutory provision, sec. 270.25, providing for a five-sixths verdict.

As returned, the verdict on its face would seemingly have warranted judgment for defendant on his counterclaim. Two of the jurors signed their names at the end…