Johnson v. Oakes

• Citation: 80 Ga. 722
• Parties: Johnson. vs. Oakes.
• Decision Date: 31 March 1888
• Court: Supreme Court of Georgia

80 Ga. 722

Johnson. vs. Oakes.

Supreme Court of the State of Georgia

MARCH TERM, 1888.

Jury and jurors. Verdict. Mistake. Practice in superior court. Before Judge Wellborn. White superior court. October term, 1887.

After argument of counsel in this case, the jury were charged and sent to their room to consider their verdict. The court announced that it was about to take a recess for dinner, and asked counsel what should bo done with the verdict if the jury agreed before the recess was over; and it was agreed that they might hand their verdict to the clerk and disperse. During the absence of the court and counsel, the jury agreed, the foreman put the verdict in his pocket, and they dispersed. When the court convened after dinner, the jury being in their box, the judge inquired if the verdict had been received, whereupon the foreman produced it and it was read, being as follows:

" We, the jury, find for the defendant. E. C. Hunt, Foreman."

The court ordered it to be recorded. After the clerk had recorded the words preceding the foreman's signature, counsel for the plaintiff suggested that the jury had made a mistake, as they had intended to find for the plaintiff.

The court then asked counsel for the defendant if they had any objection to inquiry being made of the jury as to what they intended to find. The counsel responded that they did object, for the reason that the verdict was plain and unambiguous; and that the jury could not be heard to contradict their finding, especially after they had been dispersed over the court-ground and mixed with the people during the dinner hour. The objection was overruled, and the court inquired of the jury what they intended to find. With one exception, they all said they intended to find for the plaintiff. The court then asked defendant\'s counsel what should be done, and they replied that they would agree to a mistrial. Plaintiff\'s counsel refused to agree to this, but said the jury might be sent back to their room. Defendant\'s counsel objected to this, but the objection was overruled, and the jury were sent to their room with instructions to agree on a verdict; and when they came into court again, they rendered the following verdict:

" We, the jury, find for the plaintiff the premises in dispute, with costs of suit."

The defendant excepted to the action of the court. After the usual certificate to the bill of exceptions, the court adds the following note:

" While the clerk was engaged in entering the verdict, the statement was made that the jury had made a mistake as to who was plaintiff and who defendant;...