Purpose of section.

- This section is specific authority for receiving verdicts, by agreement, otherwise than in open court. Malcolm Bros. v. Pollock, 181 Ga. 687, 183 S.E. 917, answer conformed to, 52 Ga. App. 772, 184 S.E. 659 (1936).

Return of sealed jury verdict to sheriff per agreement.

- When in a civil case, after the jury has taken the case under advisement and before the jury renders the verdict, the trial judge leaves court and goes to the judge's home in another county, having directed in open court that the verdict shall be sealed and "returned" to the sheriff, with consent of counsel for both sides, verdict afterward rendered and "returned" to the sheriff and never received in open court or other than as indicated was not a nullity. Malcolm Bros. v. Pollock, 181 Ga. 687, 183 S.E. 917, answer conformed to, 52 Ga. App. 772, 184 S.E. 659 (1936).

Implied consent to sealed verdict.

- Counsel's consent to rendition of a sealed verdict in absence of the judge may be implied, when the judge states in the counsel's presence that, if there is no objection, the judge will be absent from court and go to the judge's home in another county, and that, should the jury make a verdict, the verdict should be sealed and returned to the sheriff. Malcolm Bros. v. Pollock, 52 Ga. App. 772, 184 S.E. 659 (1936).

Cited in Smith v. Jones, 185 Ga. 236, 194 S.E. 556 (1937).

Am. Jur. 2d.

- 75B Am. Jur. 2d, Trial, § 1533 et seq.

C.J.S.

- 89 C.J.S., Trial, § 992 et seq.