McFaul v. Woodbury County
McFaul v. Woodbury County
Opinion of the Court
I. The petition alleges that in a certain action which plaintiff brought against defendant, the jury rendered a sealed verdict in the following form: “We, the jury, find for plaintiff*, and assess the amount at $500, with back interest at six per cent;” that for the reason the jury were not again called together by the court, they were not required to state more definitely their findings; that at the proper time, before the judgment was rendered, plaintiff moved the court to amend the verdict so that it might express the intention of the jury to add to the amount of the principal debt, interest at six per cent from the time payment was demanded to the day of trial; and that judgment for the amount of the verdict, as so amended, be rendered. This motion was overruled. The petition alleges that the jury did intend to allow interest, as expressed in this motion, but, through mistake, the interest was not computed and added to the principal found due by them. The plaintiff for relief prays that a decree be
The case differs from Patridge & Co. v. Harrow et al., 27 Iowa, 96; Barthell v. Roderick, 34 Iowa, 517; Snyder v. Ives, 42 Iowa, 157. In these cases the mistakes were not discovered until it was too late to correct them by motion.
The decree of the District Court is
Affirmed.
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