In Re the Probate of the Will of MacKenzie

Until a jury has agreed upon a verdict upon the issues submitted to it, a verdict upon other issues directed at the trial is not embodied in any order or decree or judgment which constitutes a judicial determination of such issues. Until then it remains merely a ruling made in the course of the trial. Section 463 of the Civil Practice Act which, by section 69 of the Surrogate’s Court Act, is made applicable to trials in the Surrogate’s Court, provides that after disagreement of a jury a new jury shall be empanelled “ and the same proceedings must be had before the new jury as if it was the…