49 Ga. 458 | Ga. | 1873
'This was an action brought by the plaintiff against the defendants on a promissory note for the sum of $4,181 00, dated 1st May, 1860, due one day after date, on which there were . several credits. On the trial, the jury found a verdict for the plaintiff for the sum of $4,936 41. The plaintiff remitted the sum of $1,255 41, leaving the verdict to stand for the .sum of $3,681 00. The defendants made a motion for anew
If the verdict Avas merely imperfect and informal, but the intention of the jury clearly expressed, then the Court should have had the verdict put in proper form, in accordance with that intention. If, however, the verdict Avas so defective as to be void, under the law, then the Court should have set it aside and declared a mistrial in the case. What was the matter with the verdict, the record does not inform us. But it was error in the Court to submit the case to the jury again for their consideration, against the defendants’ objections, after
Let the judgment of the Court below be reversed.