36 S.E.2d 661 | Ga. | 1946
When a jury attempts to return a verdict which is ambiguous uncertain, or does not cover the issues in the case, it is not error for the trial judge to require the jury to return to their room, under proper instructions, and make their verdict certain.
The assignment of error is as follows: "The plaintiff excepts and assigns error on this ruling or order of the court on the return and publication of the first verdict of the jury above set out, and says the court erred in not receiving the verdict and directing the jury to return to their room and make a verdict in different form. Plaintiff alleges that the said first verdict was a legal verdict in her favor in that it awarded to her the land sued for, and the judgment of the court should have followed the verdict and been in her favor; that the second verdict which was accepted by the court was contrary to law, and it was error to take that verdict as the legal verdict in the case and render final judgment against plaintiff in favor of the defendant." *229 The Code, § 110-101, provides: "The verdict shall cover the issues made by the pleadings, and shall be for the plaintiff or defendant."
This court has held many times that it is not error for a trial judge not to receive an improper or imperfect verdict, and to cause the jury to retire and put their verdict in proper form. See Van Leonard v. Eagle Phoenix Manufacturing Co.,
We think the language above quoted applicable to the instant case. The jury had one question, and one only, submitted to them — title to the property in controversy. The verdict first returned undertook to decide and determine questions which had *230 not been submitted to the jury, to wit, liability for taxes on the property for a period of thirteen years, and the adjudication of monetary claims as between the parties. We are not called upon in this case to determine whether or not the first verdict returned was a valid verdict. When it is determined that the verdict was ambiguous, uncertain, or did not cover the issues in the case, that is as far as the inquiry need go, for the reason that when this is made to appear, it is not error for the trial judge to require the jury to return to their room, under proper instructions, and make their verdict certain. Especially is this true when it appears, as it does here, that the complaining party made no objection at the time the judge declined to accept the verdict and sent the jury back to their room for further deliberation.
We conclude that there was no error in the action of the trial judge.
Judgment affirmed. All the Justices concur.