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" Where a special finding of facts is inconsistent with the general verdict, the former controls the latter, and the court must give judgment accordingly. "
Reports of Cases Determined in the Supreme Court of the Territory of New Mexico - Page 287
by New Mexico. Supreme Court, John Abbott, Paul A. F. Walter - 1897
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The Code of Civil Procedure of the State of New-York

New York (State). Commissioners on Practice and Pleadings - Civil procedure - 1850 - 898 pages
...finding must be filed with the clerk and entered upon the minutes. Amended Code, §'261. § 792. Where a special finding of facts is inconsistent with the general verdict, the former controls the latter, and the court must give judgment accordingly. Amended Code, § 262. § 793. When...
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The Code of Procedure, as Amended July 10, 1851: With Copious Notes to Each ...

New York (State), Member of the New-York Bar - Civil procedure - 1851 - 410 pages
...special finding with general verdict, former to control. — Where a special finding of facts shall be inconsistent with the general verdict, the former...latter, and the court shall give judgment accordingly. § 263. [218.] (Amended.) — Jury to assess defendant's damages in certain cases. — When a verdict...
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Acts Passed at the ... Session of the General Assembly for the Commonwealth ...

Kentucky - Session laws - 1851 - 544 pages
...questions of fact to be stated in writing. This special finding is to be recorded with the verdict. § 370. When the special finding of facts is inconsistent with the general verdict, the former controls the latter, and the court may give judgment accordingly. § 371. When, by the verdict, cither...
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Acts of the General Assembly of the Commonwealth of Kentucky, Passed, Volume 1

Kentucky - Law - 1851 - 548 pages
...questions of fact to be stated in writing. This special finding is to be recorded with the verdict. § 370. When the special finding of facts is inconsistent with the general verdict, the former controls the latter, and the court may give judgment accordingly. § 371. When, by the verdict, either...
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The Code of Procedure of the State of New York: As Amended April 16, 1852 ...

New York (State) - Civil procedure - 1852 - 606 pages
...Onspecial finding with general verdict, former to control. — Where a special finding of facts shall be inconsistent with the general verdict, the former...latter, and the court shall give judgment accordingly. § 263. [218.] (Amended 1851.) Jury to assess defendants damages in certain cases. — "When a verdict...
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Practice and Pleading Under the Codes, Original and Amended: With Appendix ...

Henry Whittaker - Civil procedure - 1852 - 900 pages
...filed with the clerk, and entered upon the minutes. § 262. Where a special finding of facts shall be inconsistent with the general verdict, the former...latter, and the court shall give judgment accordingly. § 263. When a verdict is found for the plaintiff in an action for the recovery of money, or for the...
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The Statutes of Oregon: Enacted, and Continued in Force, by the Legislative ...

Oregon - Law - 1855 - 670 pages
...the minutes. TITLE «. n. SEC. 21. When a special finding of facts shall be inconsistent when spe- with the general verdict, the former shall control the latter, and the clal controls , Sj . , . j- i general ver- court shall give judgment accordingly. oict* in actions...
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The Revised Code of the District of Columbia

District of Columbia - Law - 1857 - 788 pages
...of fact, to be stated in writing. This special finding shall be recorded with the verdict. SEC. 18. When the special finding of facts is inconsistent...latter, and the court shall give judgment accordingly. SEC. 19. In actions for the recovery of money, the jury shall assess the amount of the recovery. SEC....
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Digest of the Laws of California: Containing All Laws of a General Character ...

William H. R. Wood - Law - 1857 - 834 pages
...shall be filed with the clerk and entered upon the minutes, where a special finding of facts shall be — [Am. May 15, 1854: R. S. St. 1851, 7a ; St. 1850, 442 ; CL 550. (1) ART. 911, Sec. 176. When a...
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The California Practice Act: Being an Act Entitled "An Act to Regulate ...

California, Henry Jacob Labatt - Civil procedure - 1858 - 586 pages
...shall be filed with the clerk, and entered upon the minutes ; where a special finding of facts shall be inconsistent with the general verdict, the former...latter, and the court shall give judgment accordingly. 2. A general verdict will conclude all parties who do not answer separately, or demand separate verdicts....
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