Fitzpatrick v. Himmelmann

Citations

• 48 Cal. 588
• 1874 Cal. LEXIS 208

Syllabus

<p>Office of Tbiai, Juez.—It is the office of a trial jury, by their verdict, to find the facts in issue, whether general or special, and with the legal effect of those facts they have no concern.</p> <p>Dissent of Jubob .fbom Vebdiot.—Although a juror may, at the last moment, dissent from a verdict rendered, yet that dissent must be founded ón the question of fact presented by the verdict, and not upon imformation received from the Court, as to what is the legal effect of the verdict as found.</p> <p>yEBDicr of Jtjby.—If the jury have special issues submitted to them, and find on these issues, and also find a general verdict for the plaintiff; and when the verdict is read, the Court declares that on the findings the defendant must have judgment, and some of the jury then dissent from the special verdict, and the Court sends them out for further delibera tion, and they then return with general verdict, but are unable to agree on the special verdict, the Court should not accept the general verdict.</p>