Brewster v. Bours
California Supreme Court
Appeal from the District Court of the Fifth Judicial District, County of San Joaquin. This Avas a proceeding in equity to set aside a judgment on the ground of fraud. The case was tried below by a "jury, who rendered a verdict in favor of the defendants, and this appeal is taken from an order refusing a new trial. This case is sufficiently stated in the opinion of the Court.
1Opinion of the CourtTerry, C. J.
On the trial, the plaintiffs moved that the jury be instructed to find a special verdict, setting out all the facts in the ease as disclosed by the testimony. The Court held, that in cases where a special verdict was desired, the proper practice was to frame issues, stating separately each point in controversy, and directed such issues to be framed and submitted to the jury. Plaintiffs’ counsel objected to this mode oí proceeding, and declared that they would prefer a general verdict, and no objection being made by the defendants, a general verdict was returned.
The appellants now insist that…
2Cases cited1 opinion
- Tobey v. BarberNew York Supreme Court · 1809
3Cited by8 opinions
- Tolman v. SmithCalifornia Supreme Court · 1890
- Comptoir D'Escompte De Paris v. DresbachCalifornia Supreme Court · 1888
- Brown v. OlmstedCalifornia Supreme Court · 1875
- Comptoir D'Escompte De Paris v. DresbachCalifornia Supreme Court · 1888
- Knox v. GerhauserMontana Supreme Court · 1878
3 more not listed; retrieve them via the Exa API.