Clark v. Halberstadt
Pennsylvania Court of Common Pleas, Philadelphia County
THIS was a special verdict of a jury. It is deemed unnecessary to state it at length, as sufficient appears in the opinion of the court to present the point decided.
1Opinion of the Court
The opinion of the Court was delivered by
Stroud, J.
A special verdict may find all the facts which the evidence in the cause will warrant, and refer the law arising upon the whole to the decision of the court, or a single point, may be selected by the jury, and the decision upon that alone be submitted. In either case the proper fads, and not merely evidence from which such facts may be inferred, must be distinctly found. Barnes v. Williams, 11 Wheat. 416 ; Seward v. Jackson, 8 Cowen 413, and cases there cited. In general, if the finding be manifestly defective, a venire facias de novo will be…
2Cases cited1 opinion
- Barnes v. WilliamsSupreme Court of the United States · 1826
3Cited by4 opinions
- First National Bank v. PeckSupreme Court of Kansas · 1871
- Porter v. RummeryMassachusetts Supreme Judicial Court · 1813
- Kinsley v. CoyleSupreme Court of Pennsylvania · 1868
- Ginn ex rel. Ginn v. MyrickOhio Superior Court, Cincinnati · 1905