v.
Bradway
On the trial in the District Court, and after the cause was submitted to the jury, they retired to consider of their verdict, with directions (by consent of parties) that if they agreed during the adjournment of court, they might seal [*218] their verdict and separate. The court then adjourned for one hour. The jury agreed during the adjournment, sealed up their verdict and separated. On the meeting of the court the verdict was opened and read as follows: “We the jury find for the plaintiffs.” At the request of plaintiffs’ counsel, against the objection of defendant’s counsel, the court called the jury into the box and directed them to retire and find the amount due plaintiffs; they did retire and shortly after-returned a verdict for plaintiffs for the sum of twenty-five dollars and seventy cents. All which was duly excepted to by defendant. Motions to set aside the verdict and for new trial were made, based on these rulings. They were overruled, and thereupon the first error is assigned.
It is apparent ffofia the pleadings in the case, that there was no controversy between the parties as to the amount of plaintiffs’ claim, but the sole point of difference was as to the right of plaintiffs to recover at all from this defendant. The verdict of the jury simply “ for the plaintiffs,” as first returned was as decisive of the rights of the parties, and as fully manifested the intent' of the jury as when it specified the amount of recovery. Indeed, in view of the issues, the subsequent retirement of the jury was no more than the putting of their verdict in form. This point, in substance, has been frequently ruled in this court. See Gordon et al. v. Higley, 1 Mor. 13; Harrell v. Stringfield, id. 18; Cane v. Watson, id. 52; Phillips v. Runnels, id. 391; Wise v. Hine, 1 G. Greene, 62; Wright v. Phillips, 2 id. 191; Herring v. The State, 1 Iowa, 205; MacGregor et al. v. Armill, 2 id. 30; Tifield v. Adams, 3 id. 487; Cook & Owsley v. Walters, 4 id. 72; Bass v. Hanson, 9 id. 563; Morrison v. Overton, 20 id. 465; Hamilton v. Barton, id. 505. See also Rev. § 3084; Brannin et al. v. Foree et al., 12 B. Mon. 506. The case of Fromme v. Jones, 13 Iowa, 474, is notin con [*219] fliet with the rule established in the other cases cited. " There was no error, in this particular, in the action of the District Court.
Affirmed.