Muller v. Jewell

This is an action to recover possession of fifty head of cattle, and for damages for the detention thereof. Issue was joined on all the material averments of the complaint. The cause was tried by a jury, and they returned the following verdict:

“ We, the jury, find in favor of the defendants .for one-half of the G O cattle.”

The verdict did not respond to the issues joined in the cause. The verdict was in favor of the defendants for one-half of the cattle sued for, and was entirely silent as to the other half. Assuming that the plaintiff was entitled to a verdict for the other half, the jury…