Norris v. Jackson
Supreme Court of the United States
In error to tbe Circuit Court for the Northern District of Illinois, the case being this; By section 4 of the act of March 3d, 1865,* it is provided .that parties may submit the issues of fact in civil cases, to be tried and determined by the court, without the intervention of a jury; and it declares what the effect of such finding shall be, and how and under what circumstances there may be a review of such judgments.
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In error to tbe Circuit Court for the Northern District of Illinois, the case being this; By section 4 of the act of March 3d, 1865,* it is provided .that parties may submit the issues of fact in civil cases, to be tried and determined by the court, without the intervention of a jury; and it declares what the effect of such finding shall be, and how and under what circumstances there may be a review of such judgments. The language of the section on this subject is thus: “ The finding of the court upon the facts, which finding shall be general or special, shall have the same effect as. the…
1Opinion of the CourtJustice Miller
The first thing to be observed in the enactment made by the 4th section of the act of 3d March, 1865, allowing parties to submit issues of fact in civil cases to be tried and determined by the court, is that it provides for two kinds of findings in regard to the facts, to wit, general and special. This is in perfect analogy to the findings by a jury, for .which the court is in such cases substituted by the consent of the parties. In other words, the court finds a general verdict on all the issues for plaintiff or defendant, or it finds a special verdict.
This special finding has often been…
2Cited by143 opinions
- Fleischmann Construction Co. v. United States Ex Rel. ForsbergSupreme Court of the United States · 1926
- Davis v. SchwartzSupreme Court of the United States · 1895
- St. Louis v. Western Union Telegraph Co.Supreme Court of the United States · 1893
- United States v. United States Fidelity & Guaranty Co.Supreme Court of the United States · 1915
- Lehnen v. DicksonSupreme Court of the United States · 1893
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