Johnson v. Pacific Cement Co.

The action came on to be tried in the court below at its April term, to wit, on the 5th day of August, 1874, and a jury was then impaneled and sworn to try the cause, and the trial proceeded from day to day until Friday, August 7, 1874, when an order was entered continuing the further hearing until the following Monday, August 10. After the entry of the order the court proceeded to the transaction of some other business, and concluded by entering another order adjourning the court sme die for the April term, and the court did accordingly adjourn. On the following Monday, August 10, the court was opened for the regular *649 August term, fixed by law, and the case was proceeded with, but the defendant objected at the time “because the April term has ended and the trial of the case cannot be continued into a new term.” The court overruled the objection, and the defendant excepted to the ruling of the court. The trial then proceeded and resulted in a verdict and judgment against the defendant.

“A final adjournment of the court for the term discharged the jury.” (Code Civ. Pr., Sec. 617.) When, therefore, the court finally adjourned for the April term, the jury were thereby…