Legal Opinion

Childs v. Carpenter

Supreme Judicial Court of Maine

Decided January 7, 1895PublishedCited by 2 opinions

On motion and exceptions. The jury having returned a verdict for the plaintiff, the defendant tiled a general motion for a new trial and incorporated into his motion, as an additional reason, the same facts which are stated in his bill of exceptions and recited in the opinion. The verdict was made by the foreman under the direction of the court from written memoranda furnished by the foreman.

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On motion and exceptions. The jury having returned a verdict for the plaintiff, the defendant tiled a general motion for a new trial and incorporated into his motion, as an additional reason, the same facts which are stated in his bill of exceptions and recited in the opinion. The verdict was made by the foreman under the direction of the court from written memoranda furnished by the foreman. It wras not a correction of a verdict which the jury had agreed upon and rendered, as in the cases oiHoey v. Oandage, 61 Maine, 257, and Readfleld v. Shaver, 50 Maine, 36, but was the making of a verdict…

1Opinion of the CourtPeters, C. J.

In this case thes.e facts appear:. The jury having sealed up their verdict and separated after the adjournment of the court at night, upon the bringing in of the verdict the following morning, it appeared that the printed blank verdict given the jury was not filled in, but that accompanying and sealed up with the verdict was the written finding of the jury, signed by the foreman, as follows: "Verdict for plaintiff for $256.83, two hundred fifty-six 83-lOOths dollars. G-. W. Marston, Foreman.”

*116Thereupon the court, against the objection of the defendant, directed the foreman to fill in the…

2Cited by2 opinions

  1. Hary v. SpeerMissouri Court of Appeals · 1906
  2. De Blois v. DunklingSupreme Judicial Court of Maine · 1950

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