45 Kan. 43 | Kan. | 1890
Opinion by
This case was appealed from a justice’s court to the district court of Harvey county, where it was tried by a jury and a verdict rendered for $33 for plaintiffs below. The only error relied upon, is the failure upon the part of the trial, court to send a bailiff for the counsel for defendant in the court below, when the jury returned into court with a verdict. It appears from the record that after the jury had been out for a few hours, the counsel who had charge of the case for the defendant below made an arrangement with the court whereby he was permitted to retire from the court-room and go to his law office, and that he was to be called by a bailiff when the jury had agreed upon a verdict. This, it is claimed, the court failed to do. When the jury did come into court with a verdict, the same was received, in the absence of the counsel, and the jury discharged, without giving the defendant any opportunity to poll the jury. Was this error? The record discloses the fact that the verdict was received by the court, read aloud in the presence of
By the Court: It is so ordered.