McDermott v. Higby

Citations

• 23 Cal. 489

Syllabus

<p>When the jury are directed by the Court to find a general verdict, and also to make a special finding of facts upon questions submitted to them—and ageneral verdict is returned in favor of one party, while the findings upon the special issues are in favor of the other party—the Court should render judgment in accordance with the special findings, if they embrace all the issues raised in the pleadings. If, however, there is any one issue in the pleadings, not covered by the special findings, the judgment should be rendered on the general verdict.</p>