Miller v. Thompson

(Concurring). — This action is to foreclose a chattel mortgage. The issues of fact were submitted to a jury on a single interrogatory, which was answered favorably to the defendant. The court, treating this verdict of the jury ,as advisory only, rendered judgment for the plaintiff. Authority to do so is found in chapter 125 of the Session Laws- of Arizona of 1921, which reads as follows:

“Section 1. That paragraph 542, chapter XIV, part II, of title YI, Bevised Statutes of Arizona, 1913, Civil Code, entitled ‘Civil Procedure’ be and the same is hereby amended to read as follows:

“542. In all…