 Where a special finding of facts shall be inconsistent with the general verdict, the former shall control the latter, and the court shall give judgment accordingly.  Reports of Cases Argued and Determined in the Supreme Court of Judicature of ... - Page 138by Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1882Full view - About this book
 | New York (State), Member of the New-York Bar - Civil procedure - 1851 - 410 pages
...special finding with general verdict, former to control. — Where a special finding of facts shall be inconsistent with the general verdict, the former...latter, and the court shall give judgment accordingly. § 263. [218.] (Amended.) — Jury to assess defendant's damages in certain cases. — When a verdict... | |
 | New York (State) - Civil procedure - 1852 - 606 pages
...Onspecial finding with general verdict, former to control. — Where a special finding of facts shall be inconsistent with the general verdict, the former...latter, and the court shall give judgment accordingly. § 263. [218.] (Amended 1851.) Jury to assess defendants damages in certain cases. — "When a verdict... | |
 | Henry Whittaker - Civil procedure - 1852 - 900 pages
...filed with the clerk, and entered upon the minutes. § 262. Where a special finding of facts shall be inconsistent with the general verdict, the former...latter, and the court shall give judgment accordingly. § 263. When a verdict is found for the plaintiff in an action for the recovery of money, or for the... | |
 | Oregon - Law - 1855 - 670 pages
...the minutes. TITLE «. n. SEC. 21. When a special finding of facts shall be inconsistent when spe- with the general verdict, the former shall control the latter, and the clal controls , Sj . , . j- i general ver- court shall give judgment accordingly. oict* in actions... | |
 | District of Columbia - Law - 1857 - 788 pages
...writing. This special finding shall be recorded with the verdict. SEC. 18. When the special finding of facts is inconsistent with the general verdict, the...latter, and the court shall give judgment accordingly. SEC. 19. In actions for the recovery of money, the jury shall assess the amount of the recovery. SEC.... | |
 | William H. R. Wood - Law - 1857 - 834 pages
...shall be filed with the clerk and entered upon the minutes, where a special finding of facts shall be — [Am. May 15, 1854: R. S. St. 1851, 7a ; St. 1850, 442 ; CL 550. (1) ART. 911, Sec. 176. When a... | |
 | John Duer - Law reports, digests, etc - 1858 - 794 pages
...special finding ; and the Code (section 262) provides that where a special finding of facts shall be inconsistent with the general verdict, the former...latter, and the court shall give judgment accordingly. If, then, the general verdict alone would have warranted judgment for a total loss, and the special... | |
 | California, Henry Jacob Labatt - Civil procedure - 1858 - 586 pages
...shall be filed with the clerk, and entered upon the minutes ; where a special finding of facts shall be inconsistent with the general verdict, the former...latter, and the court shall give judgment accordingly. 2. A general verdict will conclude all parties who do not answer separately, or demand separate verdicts.... | |
 | Nathan Howard (Jr.) - Civil procedure - 1860 - 616 pages
...written finding thereon. By section 262 it is provided, that when a special finding of facts shall be inconsistent with the general verdict, the former...latter, and the court shall give judgment accordingly. Whenever there is an issue formed upon an answer containing matter in abatement and in bar, the jury... | |
 | California - Civil procedure - 1860 - 388 pages
...shall be filed with the clerk, and entered upon the minutes ; where a special finding of facts shall be inconsistent with the general verdict, the former...control the latter, and the court shall give judgment aecordingly. 1. The court may direct a special verdict to be entered in the action. Burnt! v. Gitson,... | |
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