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7 Watts 38

Wolfran v. Eyster

Supreme Court of Pennsylvania

Decided May 15, 1838

Supreme Court of Pennsylvania · decided 1838-05-15

Eyster against Wolfran. Action of debt. In this case the jury having been charged by the court, retired to their room at half past twelve o’clock, P. M., with directions to seal their verdict in case they should agree during the intermission of the court.

Relies on Dornick v. Reichenback · Walters v. Junkins

Decided 1838-05-15

¶1The opinion of the Court was delivered by

Huston, J.

¶2It is a matter of frequent occurrence, in every district of the state, that juries deliver their verdict verbally or in writing; and upon its being heard or seen the jury are informed that it is informal, andaré instructed by the court in what particular, and directed how to amend it, by calculating the interest, or stating it in some other form. So far from this being error, it would be wrong for a court to omit it, and thus subject the parties and the county to the expense and trouble of another trial. I speak of amending mere defects in form, not substantially changing the finding of the jury. When the correction is made, the recorded verdict is the only proper one; and the paper returned by the jury is no part of it. 10 Serg. & Rawle 84. The case in 16 Serg. & Rawle 414, while it repudiates the idea of disturbing a recorded verdict of a dismissed jury, recognises amendments in the form of an unrecorded one.

¶3Judgment affirmed.

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