Vicksburg Bank v. Moss

Citations

• 63 Miss. 74

Syllabus

<p>1. Supreme Court Practice. Verdict, when not disturbed.</p> <p>This court reiterates the rule heretofore several times announced, that where, in a civil case appealed from the circuit court, there is such a conflict in the - testimony that the mind cannot repose with entire confidence and certainty upon a conclusion in favor of either party, the verdict of the jury will not be disturbed if no error of law was committed in the lower court.</p> <p>2. Practice. Trial. Message from judge to jury. Effect on verdict.</p> <p>The jury trying an action of assumpsit retired to consider of their verdict about three o’clock P. M. on a Saturday. At four o’clock the court was informed that the jury had not agreed, and the plaintiff’s counsel stated to the court that he would not consent for them to be discharged till they had returned a verdict. The court then informed the jury, through the bailiff, that they must remain together until they had agreed, and if they had not agreed by nine o’clock, “they must remain in the jury room, as the court would adjourn till Monday.” At about half-past five o’clock the jury rendered a verdict for the defendant. A motion for a new trial having been overruled, the plaintiff appealed. Held, that the court’s communication with the jury was improper; but, as it does not appear that appellant was prejudiced thereby, the verdict cannot be set aside because of such irregularity.</p>