Sondegard v. Martin

Citations

• 83 Kan. 275
• 111 P. 442
• 1910 Kan. LEXIS 522

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Verdict — Legality—Second Verdict for Same Amount as First, which Included Illegal Items — Damages—Nominal—Exemplary. In an action to recover for the alienation oí the affections of the plaintiff’s wife the jury first returned a verdict awarding the plaintiff a nominal sum as actual damages and also a considerable sum as exemplary damages. The court directed the jury to retire again and return a general verdict in proper form for one or the other of the parties. Shortly afterward a verdict was returned in favor of the plaintiff which was exactly the amount of the two item's illegally awarded in the first verdict. Held, that the second verdict is. invalid because it obviously includes only the items specified in the first verdict.</p>