28 Wis. 243 | Wis. | 1871
This cause was tried before a justice and jury. After hearing the testimony the jury retired at 11.30 o’clock, P. M., of the 21st day of February, and returned into court at about half past 12 o’clock on the morning of the 22d with their verdict. The justice received the verdict, and immediately proceeded to enter judgment upon it. The question is, whether the judgment thus rendered is valid. It is claimed that it is not, for the reason that chap. 58, Laws of 1861, prohibited the justice from rendering judgment on the 22d, or transacting any business except to receive the verdict and discharge the jury. But we think this statute must be construed in connection with the general statute, and that effect must be given to both as far as possible. The general statute requires the justice, “in all cases where a verdict shall be rendered,” that he “forthwith render judgment” thereon. Section 160, chap. 120, E. S.
. In the case of McNamara v. Spees, 25 Wis., 539, a verdict was rendered by the jury at 10 o’clock on Saturday night. The justice adjourned the cause until the next. Monday afternoon,
For these reasons we think tbe judgment of tbe circuit court, affirming tbat of tbe justice, was correct and must be affirmed.
By the Court.— Judgment affirmed.