Verdict

The decision of a petit jury upon an issue of fact submitted to them. The decision of a judge or referee, upon an issue of fact, is not called a verdict, but a finding, or a finding of fact. Verdicts are called general or special. A general verdict is one which the jury find in the terms of the issue; as when they find " for the plaintiff " damages so much; or for the defendant; or "guilty" or " not guilty." A special verdict is where they find distinct, specific facts, upon which the decision of the issue must depend, leaving it to the court to apply the law to those facts, and render the ultimate decision. Thus, if a divorce case were contested on the ground that the defendant was insane when the act of adultery charged was committed, and it were desired to reserve jury to render a special verdict, which they would do by returning distinct findings, as thus: That the defendant, at, &c., committed sexual intercourse with one. That, at the time of the act of sexual intercourse aforesaid, the defendant was of unsound mind. Upon findings being thus rendered upon the facts, the question, whether the insanity of defendant defeats the action for divorce, as it vrould defeat a criminal prosecution, is afterwards argued as a pure question of law; and the court will direct judgment to be entered on the special verdict in favor of plaintiff or defendant, according as they decide the question of law. If, however, in a case such as above mentioned, the findings of fact do not present the question of law, — as, if the jury find there was no adultei'y, or was no insanity, — judgment can be ordered upon the findings without bestowing labor on the abstract question. Verdict subject to the opinion of the court, is much the same in nature as a special verdict. When a cause on trial requires determination of a question of fact, or an assessment of damages, so that it cannot be taken from the jury, and decided as matter of law, and yet the recovery or defence depends on a point of law which the judge is unwilling to decide, finally, upon a nisi prius trial, he may direct the jury to find a verdict subject to the opinion of the court. They then render a verdict just as they might have done if the cause had been submitted to them in the usual way. But the party in whose favor the verdict is rendered cannot enter judgment upon it at once, but must prepare a case, and obtain the opinion of the court, in his favor, on the question of law. Verdict is the answer of a jury given to the court, concerning the matter of fact in any cause committed to their trial; wherein every one of the twelve jurors must agree, or it cannot be a verdict, Jacob. A verdict is the unanimous judgment or opinion of the jury on the point or issue submitted to them. A verdict is either general or special. It is said to be general when it is delivered in general words with that the defendant is guilty, or is not guilty, as the case may be. It is said to be special when the jury, instead of finding the negative or affirmative of the issue, as in the case of a general verdict, declare that all the facts of the case as disclosed upon the evidence before them are in their opinion proved, or, in other words, find the special facts of the case, but that they are ignorant in point of law on which side they ought, upon these facts, to find the issue; that if upon the whole matter the court shall be of opinion that the issue is proved for the plaintiff, they find for the plaintiff accordingly, and assess the damages at such a sum, &c.; but if the court are of an opposite opinion, then vice versa. This special verdict is then, together with the whole proceedings on the trial, entered on record; and the question of law arising on the facts found is argued before the court in banc, and decided by that court as in case of demurrer. Brown. A verdict is the honest accord of twelve intelligent minds upon the issue submitted to them.

State v. Nelson, 20 Ind. 366.

The terra verdict is limited to the determination of a jury, upon matters of fact in issue in a cause, upon the evidence.

Otis v. Spencer, 8 How. Pr. 171.

A general verdict is a finding by the jury, in the terms of the issue or issues referred to them; and it is either wholly or in part for the plaintiff or for the defendant.

Settle V. Alison, 8 Ga. 201, 208.