 Where a special finding of facts is inconsistent with the general verdict, the former controls the latter, and the court must give judgment accordingly.  Reports of Cases Argued and Determined in the Supreme Court of Judicature of ... - Page 350by 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 - 1886Full view - About this book
 | New Mexico - 1889 - 450 pages
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 | New York (State). Commissioners on Practice and Pleadings - 1850 - 898 pages
...finding must be filed with the clerk and entered upon the minutes. Amended Code, §'261. § 792. Where a special finding of facts is inconsistent with the general verdict, the former controls the latter, and the court must give judgment accordingly. Amended Code, § 262. § 793. When... | |
 | New York (State), Member of the New-York Bar - 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... | |
 | Kentucky - 1851 - 544 pages
...questions of fact to be stated in writing. This special finding is to be recorded with the verdict. § 370. When the special finding of facts is inconsistent with the general verdict, the former controls the latter, and the court may give judgment accordingly. § 371. When, by the verdict, cither... | |
 | Kentucky - 1851 - 548 pages
...questions of fact to be stated in writing. This special finding is to be recorded with the verdict. § 370. When the special finding of facts is inconsistent with the general verdict, the former controls the latter, and the court may give judgment accordingly. § 371. When, by the verdict, either... | |
 | Henry Whittaker - 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... | |
 | New York (State) - 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... | |
 | Oregon - 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 - 1857 - 788 pages
...of fact, to be stated in writing. This special finding shall be recorded with the verdict. SEC. 18. When the special finding of facts is inconsistent...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 - 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... | |
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