Tilton v. Swift
Supreme Court of Iowa
Appeal from Wapello Dutrict Oourt. The facts of this case are as follows: The trial in the action was commenced on the 8th day of February, 1873, and concluded on the 17th of the same month, when the cause was submitted to the jury. The 17th was the last day of the term, and on the next day the judge opened court in Davis, another county in his district.
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Appeal from Wapello Dutrict Oourt. The facts of this case are as follows: The trial in the action was commenced on the 8th day of February, 1873, and concluded on the 17th of the same month, when the cause was submitted to the jury. The 17th was the last day of the term, and on the next day the judge opened court in Davis, another county in his district. Prior to the judge leaving for the Davis county court, the jury had not agreed, and no formal adjournment of the Wapello term was announced. On the 18th, business was transacted in the Davis court. On the 18th the jury agreed, and the judge…
1Opinion of the CourtBeck, J.
The following provisions are found in the Code, which took effect September 1, 1873:
“ Seo. 185. In all judicial proceedings in any of the courts of this State, where a jury trial has been commenced in any case, during any term of court, and where such jury may agree upon a verdict, but not until after the time for holding court in some other county in the same district, and where the jury has agreed upon a verdict and reported the same after the opening of court in another county, and judgment has been rendered thereon, then and in that case such judgments hall not be deemed invalid by reason…
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