Naden v. Johnson

The issues are as follows:(1) Was it error to submit the trial issues to the jury by means of an ultimate-fact form of verdict rather than specific inquiries ?(2) Was it error not to grant a new trial based upon newly discovered evidence ?(3) Should a new trial be granted in the interest of justice?

The appellant-defendant Johnson argues that the court erred in submitting the special verdict questions in terms of issues of ultimate fact rather than separating these issues into specific questions comprising these ultimate facts. As authority for this proposition he cites the 1940 case of…