§ 25-1117.Jury; when discharged.

Not every jury reaches a verdict, and § 25-1117 spells out the situations that let a court end deliberations without one. The first is practical: the sickness of a juror, or some other accident or calamity, may make it impossible or unwise for deliberations to continue, and the court may discharge the jury on that basis.

The second ground rests on agreement rather than necessity — the parties themselves may consent to discharge the jury, ending deliberations by mutual choice rather than court order alone.

The third ground is the classic hung jury: after the jury has been kept together until it satisfactorily appears there is no probability of their agreeing, the court may discharge them. The section does not set a fixed number of hours or days; it leaves the judgment about “no probability of agreeing” to the court, based on how long the jury has already deliberated. Discharge on this ground connects directly back to §§ 25-1109 and 25-1110, which govern how the jury is kept together and admonished while deliberations are underway — discharge is where that process ends when no verdict is coming.