120 Mo. App. 556 | Mo. Ct. App. | 1906
(after stating the facts).
On this question, Judge Thompson says: “In an old case the issue was as to two rights of way under which the defendant justified. The jury found specially for the defendant as to one, and for the plaintiff as to the other, but returned a verdict for the defendant as to both, and separated. This verdict was corrected on the affidavit of the jurors. [Cogan v. Edden, 1 Burr. 383.] In a case in New York, the jury delivered in court a verdict against two when the verdict which had really been agreed upon was against one and in favor of the other party. It was recorded, and the jury separated. Afterwards, on the same day, on the affidavit of all the jurors, the verdict was corrected and judgment entered thereon. [Dalrymple v. Williams, 63 N. Y. 361.] In a case in the Federal Court, the action was for personal services; the jury returned a verdict for the plaintiff in the sum of $3,500; two days thereafter while counsel for both parties were present, the court directed the
This practice of permitting the court to amend the verdict from proper evidence before it so as to carry out the intention of the jury, in no manner conflicts with the rule which forbids the jury to change or alter their verdict after their separation and commingling with outside influences, for in the case now under consideration, the jury were in no sense permitted to change, alter or amend the verdict, it being the court which moved in the premises to that end and not the jury. The distinction lies in the fact that here the jury actually agreed upon, signed and delivered their true verdict prior to their having been permitted to separate and upon being called upon by the court, they were not required after their separation to reconsider, change or to correct the same. The issues were not again committed to their
Tbe judgment will be affirmed. It is so ordered.