Wallace v. Evans

Felton, Chief Judge.

At the pre-trial conference the parties stipulated what the forms of possible verdicts should be, as follows: “(1) We, the jury, find in favor of the return of the processioners. (This would establish the processioners' line.) (2) We, the jury, find against the return of the processioners. (This would establish protestant’s line.).” A proper decision of this case depends on the construction of the pre-trial stipulation as to the forms of the possible verdicts which could be rendered under the evidence. Taken at face value, it meant that if the jury found in favor of the…