Marine Savings Bank v. Young

Citations

• 5 Wash. 394
• 31 P. 864
• 1892 Wash. LEXIS 79

Syllabus

<p>JURY —FORM OF VERDICT—AMOUNT FILLED IN BY JUDGE — COMMUNICATIONS BETWEEN JUDGE AND JURY.</p> <p>In an action upon a promissory note, where the contest is not as to the amount clue, but as to whether certain of the defendants are liable, it is not error for the judge to fill in the amount claimed by plaintiff in one of the forms of verdict submitted to the jury.</p> <p>Where the judge, after a jury has retired to agree upon a verdict, receives from them by the hands of a bailiff the form of verdict submitted for the plaintiff, in which the jury claims there is a mistake, and returns the same with the communication that it is just in the form that he intended, such communication between judge and jury is not one upon which prejudicial error can be predicated.</p> <p>Where the jury come into open court and request the judge to correct a clerical mistake in a form of verdict submitted to them, and thereafter agree upon and return such corrected verdict as their finding, no error can be predicated thereon.</p>