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Call Now: 904-383-7448A verdict may be so amended as to make it conform to the pleadings if the error plainly appears upon the face of the record.
(Orig. Code 1863, § 3421; Code 1868, § 3441; Code 1873, § 3491; Code 1882, § 3491; Civil Code 1895, § 5110; Civil Code 1910, § 5694; Code 1933, § 110-110.)
Jury having rendered a verdict for a lump sum which was larger than that authorized by the pleadings, it was not erroneous to instruct the jury to again retire and return a verdict for so much principal and so much interest. Ginn v. Carithers, 14 Ga. App. 298, 80 S.E. 698 (1914).
- Amendment of verdict authorized so as to separate the amount of principal and interest in a lump sum verdict. Morgan v. J.B. Colt Co., 34 Ga. App. 630, 130 S.E. 600 (1925).
- When the foreperson states that the jury's intention was to allow interest, insurance, taxes, and attorney's fees, but these items were not included, it is proper for the court to so frame the verdict. Doster v. Brown, 52 Ga. 543 (1874); Morgan v. Coleman, 139 Ga. 459, 77 S.E. 579 (1913).
- When the amount of jury finding does not include attorney's fees, it is proper to require the jury to find attorney's fees. Smith v. Pilcher, 130 Ga. 350, 60 S.E. 1000 (1908).
It is proper for court to have jury separate according to principal and interest counsel fees in verdict. Smith v. Pilcher, 130 Ga. 350, 60 S.E. 1000 (1908).
As to instance when execution of contract for payment of attorney fees improper, see Lester v. Mathews, 56 Ga. 655 (1876); City & Suburban Ry. v. Brauss, 70 Ga. 368 (1883).
- It is the right and duty of the trial judge to call the attention of the jury to an indefinite or ambiguous verdict and to require the jury to return to the jury room and correct the verdict. Jordan v. Downs, 118 Ga. 544, 45 S.E. 439 (1903); Smith v. Pilcher, 130 Ga. 350, 60 S.E. 1000 (1908).
Rule on correction is the same when the verdict is incomplete. Lee v. Humphries, 124 Ga. 539, 52 S.E. 1007 (1905).
- Judge could correct certain errors in the verdict by requiring the plaintiff to write off a specified amount in order to prevent grant of a new trial. Hayslip v. Fields, 142 Ga. 49, 82 S.E. 441 (1914). See also McConnell v. Selph, 30 Ga. App. 795, 119 S.E. 438 (1923).
- Jury in a justice of the peace court may correct the jury's verdict at the time of returning the verdict and before the jurors have dispersed or been discharged when the jurors have made a mistake in writing the verdict out. Almand v. Scott & Co., 83 Ga. 402, 11 S.E. 653 (1889).
- There was no error in allowing the verdict to be perfected in the presence of the jury before the jury had retired from the box. Manry v. First Nat'l Bank, 195 Ga. 163, 23 S.E.2d 662 (1942).
- Trial court correctly orders that the jury verdict be corrected to amount sued for on an account if the plaintiff 's own complaint and evidence shows the plaintiff is not entitled to more on the account. Chieffe v. Alcoa Bldg. Prods., Inc., 168 Ga. App. 384, 309 S.E.2d 167 (1983).
Cited in Harvey v. Head, 68 Ga. 247 (1881); Weddington v. Huey, 80 Ga. 651, 6 S.E. 281 (1888); Johns v. State, 79 Ga. App. 429, 54 S.E.2d 142 (1949); Maxwell v. Summerville Lumber Co., 87 Ga. App. 405, 74 S.E.2d 111 (1953); Denham v. Shellman Grain Elevator, Inc., 123 Ga. App. 569, 181 S.E.2d 894 (1971); Turley v. Turley, 244 Ga. 808, 262 S.E.2d 112 (1979); Rental Equip. Group, LLC v. Maci, LLC, 263 Ga. App. 155, 587 S.E.2d 364 (2003).
- 75B Am. Jur. 2d, Trial, § 1612 et seq.
- 89 C.J.S., Trial, §§ 1064, 1065, 1166 et seq.
- Power of court to mold or amend verdict with respect to the parties for or against whom it was rendered, 106 A.L.R. 418.
Conflict of laws as to administration of testamentary trusts, and proper forum for judicial proceedings relating thereto, 115 A.L.R. 802.
Conflict of laws as regards effect of divorce, or other change in the relation of insured and beneficiary, upon rights of beneficiary under insurance policy, 125 A.L.R. 1287.
Power of trial court or appellate court to correct former's misinterpretation of jury's verdict, 160 A.L.R. 457.
Validity of verdict awarding medical expenses to personal injury plaintiff, but failing to award damages for pain and suffering, 55 A.L.R.4th 186.
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