Goldstein v. Smith

Mr. Presiding Justice Sears

delivered the opinion of the court.

It is contended by counsel for appellant that the judgment of the trial court should be reversed because, first, the verdict is not responsive to the issues; second, the verdict isfor an excessive amount, not warranted by the evidence; and third, the verdict was not returned by all the jurors who were empaneled and sworn to try the issues.

As to the first contention, there can be no question but that it is the rule that if a verdict varies from the issue in a substantial matter, or if it find only a part of that which is in issue,…