American Pub Company v. Fisher

On April 29, 1891, plaintiff in error commenced an action in the district court of Salt Lake county, territory of Utah, to recover of defendants the sum of $20,844.75 on a contract for furnishing labels, cards, etc. After answer the case came on for trial before a jury on December 10, 1892, and resulted in a verdict in favor of the defendants, signed by nine jurors, the others not concurring. Judgment was rendered upon this verdict, which was sustained by the supreme court of the territory. 10 Utah, 147, 37 Pac. 259.

This action of the trial and supreme courts in sustaining a verdict returned by only nine of the jurors was under the authority of an act of the legislature of Utah approved March 10, 1892 (Laws Utah 1892, p. 46), which provides as follows:

'Section 1. That section 3371 of the Compiled Laws of 1888 of Utah is hereby amended so as to read as follows:

"Sec. 3371. In all civil cases a verdict may be rendered on the concurrence therein of nine or more members of the jury."

The bill of exceptions contains this recital in respect to an instruction and the verdict:

'The court further charges you that the concurrence of nine or more members of the jury is essential to your verdict, and that all who agree to it should sign it.

'(To which last charge the plaintiff duly excepted.)

'The jury, having retired and deliberated, returned a written verdict into court on the 12th day of December, 1892, 'finding the issues for the defendant,' signed by nine (9) of its members,-the others refusing to concur therein. Which verdict the court then and there received, and caused to be entered upon the record.

'To which action of the court the plaintiff excepted.' J. M. Wilson, for plaintiff in error.

J. L. Rawlins, for defendants in error.

Mr. Justice BREWER, after stating the facts in the foregoing language, delivered the opinion of the court.