Griffin v. Larned

Citations

• 111 Ill. 432

Syllabus

<p>1. Pbactioe — as to manner of delivering verdict. A verdict may be reduced to writing and signed by the jury, or it may be delivered oro tenus by the foreman. Whatever may be pronounced as the verdict by the jury in open court, whether in writing or verbally, through the foreman, will be regarded as their verdict.</p> <p>2. Same — os to control over verdict by the jv/ry after making and sealing same. A jury, by direction of the court, made and sealed up a verdict in writing, signed, however, by only eleven of their number, assessing the plaintiff’s damages at “fourteen hundred and sixty-seven and eighty-eight cents,” leaving out the word “dollars,” delivered the same to the clerk of the court, and separated for the night. Next morning the clerk read the verdict, publicly, as it should have been, making the damages $1467.88, and asked the jury if that was their verdict, and the foreman said it was, and they were discharged: Held, that the verdict as read in open court was the only verdict in the case, and that it was immaterial what was the form of the one written out by the jury.</p>