Vicksburg Bank v. Moss
Vicksburg Bank v. Moss
Opinion of the Court
delivered the opinion of the court.
The issue joined between the parties was fairly submitted to the jury. There is no complaint as to the instructions. It cannot be said that the verdict is manifestly wrong. The conflict in the testimony was about as positive as it well could be in any case, and which side should have the verdict depended upon the credibility to be' ascribed to the respective witnesses. This was a matter exclusively for the determination of the jury. We adhere to the rule, several times announced by this • court, that where there is such conflict in the testimony that the mind cannot repose with entire confidence aijd certainty upon a conclusion in favor of either party, the verdict of the jury will not be disturbed here if no error of law has intervened. Watson v. Dickens, 12 S. & M. 608; Wilson v. Beauchamp, 50 Miss. 24; Pfeifer v. Chamberlain, 52. Miss. 89.
The communication had with the jury, after they retired to consider of their verdict, was an irregularity not to be encouraged. According to some authorities, it would vitiate the verdict, but we
The facts that the jury deliberated about an hour and a half after the communication was made to them, and that they agreed and returned their verdict into court several hours before the time at which it was suggested the court would adjourn, show that they did not act hastily, and were not unduly influenced by the communication.
Affirmed.
Reference
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- Vicksburg Bank v. L. A. Moss
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- 1. Supreme Court Practice. Verdict, when not disturbed. This court reiterates the rule heretofore several times announced, that where, in a civil case appealed from the circuit court, there is such a conflict in the - testimony that the mind cannot repose with entire confidence and certainty upon a conclusion in favor of either party, the verdict of the jury will not be disturbed if no error of law was committed in the lower court. 2. Practice. Trial. Message from judge to jury. Effect on verdict. The jury trying an action of assumpsit retired to consider of their verdict about three o’clock P. M. on a Saturday. At four o’clock the court was informed that the jury had not agreed, and the plaintiff’s counsel stated to the court that he would not consent for them to be discharged till they had returned a verdict. The court then informed the jury, through the bailiff, that they must remain together until they had agreed, and if they had not agreed by nine o’clock, “they must remain in the jury room, as the court would adjourn till Monday.” At about half-past five o’clock the jury rendered a verdict for the defendant. A motion for a new trial having been overruled, the plaintiff appealed. Held, that the court’s communication with the jury was improper; but, as it does not appear that appellant was prejudiced thereby, the verdict cannot be set aside because of such irregularity.