Page:United States Statutes at Large Volume 31.djvu/415

FIFTY-SIXTH CONGRESS. SESs. I. Ch. 786. 1900. 363 shall be dischar ed from the case. The verdict shall be in writing, and under the Eirection of the court shall be substantially entered in the journal as of the day’s proceedings on which it was given. CHAPTER EIGHTEEN. or THE VERDICT. Sec. Sec. . 203. Definition oi verdict general or spe- 206. Special verdict to control general. cial. 207. When counterclaim pleaded in the 204. In actions for the recovery of specific answer. €I`SOI]B.l pI`Op€l`ty. 205. When jury may give general or j special verdict. Sec. 203. The verdict of a `u is either eneral or s ecial. A en- D°“”m°“°fY"'di°‘ eral verdict is that by which ghgury prondgunce generglly upon ag or general Orspecm any of the issues, either in favor of the plaintiff or defendant. A s ecial verdict is that by which the jury und the facts only, leaving the judgmeng to the cour;. h f H 1 Sec. 204. ’n an action or the recover 0 speci c persona ro rty, In ¤°*i°¤S for the if the property have not been delivered tl'. the plaintiff, or the gefdiiedant if;ig<iri;ip¤?>i>eii);$c1n° by his answer claim a return thereof, the jury shall assess the value of . the property, if their verdict be in favor of the plaintiff, or if they iind in favor of the defendant, and that he is entitled to a return thereof, and may at the same time assess the damages, if any are claimed in the complaint or answer, which the prevailin party has sustained by reason of the detention or taking and withholilding such property. Sec. 205. In every action for the recovery of money only_or specific g,";hQQmg,¤g;’s gag real property, the jury, in their discretion, may render a general or verddt. P special verdict. In all other cases the court may direct the jury to find a special verdict u on all or any of the issues; and in all cases may instruct them, if they render a general verdict, to find upon particular questions of fact, to be stated in writing. The special verdict or Huding shall be filed with the clerk and entered in the journal, as provided in chapter seventeen. · , SEo. 206. When a special finding of facts shall be inconsistent with Srgecial verdict to the eneral verdict, the former shall control the latter, and t‘v 2, court an r° g°°°m]' shallgive jud ment accordingly. - , Sec. 207. When a verdict is found for the plaintiff in an action for W¤¤¤_¤¤¤mwr¤1¤im . pleaded in the answer. the recovery of money, or for the defendant when a counterclaim for the recovery of money is established beyond the amount of the plaintiif’s claim as established, the jury shall also assess the amount of recovery; they may also, under the direction of the court, assess the amount of the recovery when the court gives judgment for the plaintiff on the answer. CHAPTER NINETEEN. TRIAL BY THE COURT. Sec. Sec. 208. Trial by ju , how waived. I 210. Order of proceedings, and effect of 209. Decisions oliythe court, how made finding. and when Sled. _ Sec. 208. Trial by jury may be waived by the several parties to an wéwgé by i¤¤’· how issue of fact, in actions on contract, and with the assent of the court ` in other actions, in the manner followin : First. By failing to appear at the triai lS;cond. By written consent, in person or by attorney, filed with the c er ;