107 Iowa 239 | Iowa | 1899
I. The facts certified do not show that the defendants had any knowledge of the second trial, and one of the questions certified indicates that notice thereof was not given to them. The first question submitted to us is stated as follows : “Under the foregoing statement of facts, did the justice of the peace, by not issuing a venire for another jury at the time that the first jury was discharged, and by waiting two full days before issuing such venire, lose jurisdiction to try the case, or could he thereafter proceed and try the case, and determine the issues between the parties, and render a valid judgment against the defendants upon the verdict of the jury returned in the second trial of the case ?” Section 3549 of the Code of 1873, which was applicable to this case, is as follows: “The justice may discharge the jury, when satisfied that they cannot agree, and shall immediately issue a new precept for summoning another, to appear at a time