Crooker v. Stover
Crooker v. Stover
Opinion of the Court
This suit was instituted by Amanda Stover to recover the sum of $45 alleged to be due her for services to plaintiff in error as nurse and housekeeper during the fall of 1889. There was a trial in the court below to a jury, which resulted in a verdict for the plaintiff in the sum of $15. The defendant prosecutes error.
Complaint is made in the brief of counsel for plaintiff in error to the form of the verdict returned by the jury, which, omitting caption and title of the cause, reads as follows:
“We, the jury, duly impaneled and sworn in the above entitled cause, do find'for the plaintiff and assess the amount of her recovery at the sum of $5 per week.
Total, thirty dollars......................................$30 00
Received fifteen............................................ 15 00
Balance due.......................................$15 00
“D. B. Howard,
“Foreman.”
It is true the verdict is not in the usual form, but we think it sufficiently appears therefrom that the jury intended to and did find the sum due from defendant to plaintiff, after deducting payments made before suit was brought, to be $15. However, no objection was made to •the verdict when the same was returned to the court below. Had there been, the court probably would, have ordered the jury to return to their room and correct the same. Again, no objection to the form of the verdict was made either in the motion for a new trial or the petition in error.
The only other ground urged for reversal of the judgment is that the verdict is contrary to, and is not supported
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.