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" ... if they render a general verdict, to find upon particular questions of fact, to be stated in writing, and may direct a written finding thereon. "
The Pacific Reporter - Page 37
1894
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Criminal Law, Pleading and Practice in the Courts of the State of California ...

California - 1881 - 820 pages
...thereon. The special verdict or finding must be filed with the clerk and entered upon the minutes. Where a special finding of facts is inconsistent with the general verdict, the former controls the latter, and the court must give judgment accordingly. 626. When a verdict is found for...
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The American and English Railroad Cases: A Collection of All the Railroad ...

Lawrence Lewis, Adelbert Hamilton, John Houston Merrill, William Mark McKinney, James Manford Kerr, John Crawford Thomson - 1882 - 736 pages
...be stated in writing," and " when the special finding of the facts is inconsistent with the gereral verdict, the former shall control the latter, and the court shall give judgment accordingly." The plain purpose of these provisions is to enable parties to protect themselves against a misapplication...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 77

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 - 1882 - 690 pages
...verdict for the appellant. Section 337 of the code provides, that, "When the special finding of the facts is inconsistent with the general verdict, the former shall control the latter, aud the court shall give judgment accordingly." In construing this section of the code, it has been...
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Acts, Resolutions, and Memorials Passed at the ... Annual, and Special ...

Utah - 1882 - 156 pages
...thereon. The special verdict or finding must be filed with the clerk and entered upon the minutes. Where a special finding of facts is inconsistent with the general verdict, the former controls the latter, and the court must give judgment accordingly. Findings of fact may be waived.when....
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Reports of Cases Argued and Determined in the Supreme Court of the Territory ...

Dakota Territory. Supreme Court, Granville Gaylord Bennett, Ellison Griffith Smith, Robert B. Tripp - 1882 - 582 pages
...both general and special, are a part of the judgment roll. (Code of Civil Procedure, § 299.) Where a special finding of facts is inconsistent with the general verdict, the former controls the latter, and the court must give judgment accordingly. (Id., § 261.) The question to be...
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Laws of the Territory of Utah Passed by the Legislative Assembly, Volume 25

Utah - 1882 - 168 pages
...thereon. The special verdict or finding must be filed with the clerk and entered upon the minutes. Where a special finding of facts is inconsistent with the general verdict, the former controls the latter, and the court must give judgment accordingly. LAWS OF UTAH. Findings of fact may...
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The American and English Railroad Cases: A Collection of All the Railroad ...

Lawrence Lewis, Adelbert Hamilton, John Houston Merrill, William Mark McKinney, James Manford Kerr, John Crawford Thomson - 1883 - 760 pages
...Section 5, c. 131, Code 1887, says that •' where any such separate verdict or special finding shall be inconsistent with the general verdict, the former...latter, and the court shall give judgment accordingly." Before this statute allowing special questions to a jury, the essential matters of fact involved in...
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The Supreme Court Reporter, Volume 14

1894 - 1266 pages
...The special verdict or finding must be filed with the clerk and entered on the journal. "Sec. 294. When the special finding of facts Is Inconsistent with the general verdict, the former controls the latter, and the court may give judgment accordingly." Сотр. St Neb. 1887. The action...
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The Amended Code of West Virginia: Containing All the Chapters of the Code ...

West Virginia - 1884 - 994 pages
...be subject to review as in other cases. Where any such separate verdict or special finding shall be inconsistent with the general verdict, the former...latter, and the court shall give judgment accordingly. 6. At the next term after an order at the rules for an inquiry of damages, the same may be tried and...
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McClain's Annotated Statutes of the State of Iowa: Showing the ..., Volume 2

Iowa, Emlin McClain - 1884 - 940 pages
...Judgment ou sp'cial verdict, see § 28-8. Special verdict in criminal ca«es, see § 4403. SKC. 2800. When the special finding of facts is inconsistent with the general verdict, the former consols the hitter, and the court may give judgment accordingly. To entitle to a judgment up:ma special...
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