Smith v. Smith

The action is for divorce, on the ground of adul- • ,'tery, and the answer contains recriminatory charges. The issues .were settled for - trial by jury.- Code, '§ 970, At the' trial the jury disagreed. : As to-one of the charges, made by the, plaintiff, the. court directed the jury -to find for-the defendant, the evidence being insufficient to warrant any other.finding.. The other, charges were submitted,, and the; jury having disagreed, nothing was ad'jiidicated. It was,, in short,, a mistrial. The rule is, that'the jury cannot find on one'issue'and disagree on another; the findings- must be…