Richards v. Sperry

Decided January 15, 1859

Wisconsin Supreme Court · decided 1859-01-15

This was an action of tort commenced by the plaintiff, Richards, against the defendants, before a justice of the peace, and taken by appeal to the circuit court, where a trial was had before a jury who returned the following verdict: “ The jury in this cause say they find the defendant guilty, and assess the plaintiff’s damages at twenty-eight dollars.” Upon this verdict the defendants moved in arrest of judg.ment, and for a new trial.

Cited by 2 later decisions — most recently October 1882

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1859-01-15

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¶1By the Court,

Whiton, C. J.

¶2We shall not notice all the errors relied upon by the plaintiff in error to reverse the judgment in this case, because the verdict is not such an one as could authorize a judgment.

¶3The action was in tort and the jury have found only one of *220the defendants guilty, without any finding as to the other, an.d without designating which defendant they convict. The verdict is in. these words: “ The jury in this cause say they find the defendant guilty, and assess the plaintiffs’ damages at twenty-eight dollars.” We do not think that this verdict authorized any judgment against either of the defendants, though it appears that one was entered against both for the damages assessed by the jury. 3 Graham & Waterman on New Trials, 1378.

¶4We must therefore reverse it and order a new trial.