Montgomery v. Sayre

Citations

• 3 Cal. Unrep. 365
• 25 P. 552

Syllabus

<p>Jury Trial—Special Findings.—Where the record shows that two special questions were submitted to the jury which they answered, but gave no general verdict, and that these questions did not cover all the issues in the case; that the trial proceeded, and both parties introduced evidence; and that the ease was submitted to the “court for decision and judgment,” which was rendered against defendant—the right to trial by jury was waived by defendant under Code of Civil Procedure, section 631, providing that jury trial may be waived by oral consent in open court entered in the minutes or by failure to appear at the trial.</p> <p>Trial—Special Verdict.—Answers to Special Questions not Disposing of all the issues in a case do not constitute a special verdict within Code of Civil Procedure, section 624, defining a special verdict to be that by which the jury find the facts; and such special findings, unaccompanied by a general verdict, are of no effect, since by section 625 the special findings only control when they are inconsistent with the general verdict.</p>