Williams v. Willis

—A special verdict prior to the Code was a statement of the facts found by the jury, upon which the judgment of the court was to be predicated. (Co. Litt. 3 Blackstone's Com., 377; 2 Rev. Stats., 2d ed., 341, § 68 ; Grah. Pr., 2d ed., 318.) And the court would not look out of the special verdict for the facts of the case. (La Fromboris a. Jackson, 7 Cow., 589, 600.) Nor would the court intend any thing which was not found. (Jenks a. Hallet, 1 Cai., 60.)

In settling the special verdict it was not necessary that it should be drawn in form at the trial, but merely that the counsel should make a…