Flood v. McClure

Citations

• 3 Idaho 587
• 32 P. 254
• 3 Hasb. 587
• 1893 Ida. LEXIS 13

Syllabus

<p>Chance Verdict. — Where a jury agree that each member thereof shall mark the sum which he thinks the plaintiff is entitled to recover on a slip of paper, and then ascertain by addition the amount of the sums so marked, and to then divide said amount by twelve, the number of jurors, and that the quotient resulting from such division shall be the amount of the verdict, such verdict is obtained by “resort to a determination of chance” within the meaning of that term, as used in subdivision 2, section 4439 of the Revised Statutes of 1887.</p> <p>Same — Competent Proof of. — The affidavit of a juror is competent proof to show that the verdict was so obtained.</p> <p>(Syllabus by the court.)</p>