Blum v. Pate

Citations

• 20 Cal. 69

Syllabus

<p>In a civil action it is not a matter of right, which either party may claim, to have a jury polled. Before the verdict is recorded, it is a matter resting in the discretion of the Court to allow the proceeding; it will generally be allowed where circumstances of suspicion attend the delivery of the verdict. After the verdict is recorded, the proceeding is never allowed. With the assent of the jury to the verdict as recorded, their functions with respect to the case cease, and the trial is closed.</p> <p>Before a verdict is recorded it should be declared by the foreman of the jury, or if sealed, read by the Clerk, so that the parties may be distinctly informed of its purport. It is irregular to record the verdict before it is thus announced, but the irregularity must be objected to at the time, or it will not be noticed on appeal.</p> <p>Assent to a recorded verdict, expressed by the foreman, is conclusive upon all the jury, unless a disagreement is expressed at the time.</p>