Hardin v. Foster

The act of February 28, 1876 (Acts of 1876,' p: 105), now embraced in section 4849 of the Civil Code, rendered it compulsory upon the judge, in the trial of proceedings for equitable relief, upon the request of either party, made after the case had been called for trial and before the beginning of the introduction of evidence, to require of the jury “a special verdict of the facts only” in the case. But even before the passage of this act, the law declaring that, in *181equity cases, “special verdicts may be found by the jury,” now found in section 4850 of the Civil Code, had long been of force.…