A Manual Relating to Special Verdicts and Special Findings by Juries: Based on the Decisions of All the StatesWest publishing Company, 1905 - Počet stran: 350 |
Další vydání - Zobrazit všechny
Běžně se vyskytující výrazy a sousloví
77 Iowa 89 Iowa action appeal Atchison Bank Chicago & N. W. cial cited City Colo counsel defective defendant dict direct the jury discretion eral verdict error Evansville evidence facts found favor find a special find upon particular finding of facts held inconsistent Indiana instruct the jury Insurance Iowa judge jurors jury to find jury's L. R. Co Louisville Lumber Mass material facts matter Minn motion for judgment negligence Ohio St particular questions party Pennsylvania Co plaintiff pleadings probative facts proper ques questions of fact questions submitted Railroad Railroad Co Railway recovery of money refuse to submit request require the jury returned reversible error rule special findings special interrogatories special questions special verdict STAT statute submission supra Terre Haute tion trial court ultimate facts venire de novo verdict for plaintiff
Oblíbené pasáže
Strana 301 - In every action for the recovery of money only, or specific real property, the jury, in their discretion, may render a general or special verdict. In all other cases, the court may direct the jury to find a special verdict in writing, upon all or any of the issues...
Strana 320 - ... In an. action for the recovery of money only, or specific real property, the jury, in their discretion, may render a general or special verdict. In all other cases the court may direct the jury to find a special verdict in writing, upon all or any of the issues, and in all cases may instruct them, 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.
Strana 303 - ... instruct them, 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 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.— 1909-193.
Strana 305 - 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.
Strana 298 - ... a special verdict is that by which the jury find the facts only, leaving the judgment to the court. The special verdict must present the conclusions of fact as established by the evidence, and not the evidence to prove them; and those conclusions of fact must be so presented as that nothing shall remain to the court but to draw from them conclusions of law.
Strana 315 - The verdict of a jury is either general or special. A general verdict is that by which they pronounce generally upon all or any of the issues, either in favor of the plaintiff or defendant.
Strana 276 - In an order affecting a substantial right, made in such action, when such order in effect determines the action, and prevents a judgment from which an appeal might be taken : 3.
Strana 312 - ... in all cases, when requested by either party, the court shall instruct the jurors, if they render a general verdict, to find specially upon particular questions of fact, to be stated in writing...
Strana 303 - ... in any case in which they render a general verdict, they may be required by the court, and must be so required on request of any party to the action, to find specially upon any material question or questions of fact which shall be stated to them in writing...
Strana 7 - The jury found a verdict for the plaintiff, with 40s. damages. Temple, Q, C., having obtained a rule to show cause why the verdict should not be set aside...