107 Ga. 730 | Ga. | 1899
Mullino sued Barfield in a justice’s court, upon an account. Upon the trial the evidence was conflicting, and the jury trying the case returned a verdict in favor of the plaintiff. The defendant filed a petition for certiorari, complaining, among other things, of the refusal of the justice to declare a mistrial in the case. It appears from the record, that after the jury had retired to consider the case the hour arrived for the court to take the noon recess, and the court instructed the bailiff, without the knowledge or consent of the defendant or his counsel, that in case the jury agreed upon a verdict before the court reconvened they could return a sealed verdict at that hour. When court reconvened it appeared that the jury had agreed upon a verdict during the recess and had dispersed. Defendant’s counsel objected to the reception of the verdict, and moved the court to declare a mistrial in the case. The justice in his-answer states that he does not understand why counsel did not-hear his instruction to the bailiff in reference to the jury returning a sealed verdict; but nothing is stated by him from which it could be necessarily inferred that counsel heard the instruction given to the bailiff. The court overruled the motion, to declare a mistrial, and the verdict was received in open court. The judge overruled the petition for certiorari, and the defendant excepted. •
Judgment reversed.