Sweetser v. Dobbins

Citations

• 2 Cal. Unrep. 277
• 3 P. 116
• 1884 Cal. LEXIS 773

Syllabus

<p>Trial.—The Findings of a Jury on Special Issues are Merely Advisory to the court, and, if adopted, are the findings of the court. If a general verdict be rendered by the jury, the court can set it aside and find the facts and render judgment on the testimony taken, and in ease of a general verdict must, notwithstanding the verdict, find the facts.</p> <p>Equity—Verdict of Jury Advisory Merely.—In eases at law the verdict of a jury is final, unless set aside; but in equity it is merely advisory, and may be adopted or not, as the court sees proper.</p> <p>Equity—Sufficiency of Evidence.—Where in an Equity Case, if Tried Alone by the Court, the evidence would be required to be clear and convincing, the same rule must apply to the jury as to evidence submitted to them in the same case. A mere preponderance of testimony will not be sufficient.</p> <p>Equity.—There is No Error in Regard to the Admission of the Evidence herein; and it does not appear that the judge assumed that he was conclusively bound by the verdict of the jury, though he arrived at the same conclusion.</p>