Smith v. Rowe

Mr. Cli. J, Wells

delivered the opinion of the Court.

Mr. J. Heyderfeldt concurred.

This cause was called on for trial in the District Court, Fourth District, and the parties being ready, the jury sworn and empaneled to try the same, the Court, upon the suggestion of the defendants’ counsel, directed that special issues of the material facts in the case, should be framed or settled, and stated in writing, before proceeding with the trial. To this the plaintiff’s counsel excepted, and insisted upon proceeding with the trial upon all the issues of facts as presented by the pleadings. An…