Aider By Verdict

In pleading. The presumption which arises after verdict, whether in a civil or criminal case, that those facts, without proof of which the verdict could not have been found, were proved, though they are not distinctly alleged in the record; provided it contains terms sufl Sciently general to comprehend them in reasonable intendment.

The presumption [ which arises after verdict, whether in a civil or criminal case, that those facts, without proof of which the verdict could not have been found, were proved, though they are not distinctly alleged in the record;, provided it contains terms sutliciently general to comprehend them in reasonable intendment The rule is that where a matter is so essentially necessary to be proved that, had it not been in evidence, the jury could not have given such a verdict as that recorded, there the want of stating that matter in express terms in a declaration, provided it contains terms sufficiently general to comprehend it in fair and reasonable intendment, will be cured by the verdict; and where a general a negation must, in fair construction, so far require to be restricted that no judge and no jury could have properly treated it in an unrestrained seuse, it may reasonably be presumed after verdict that it was so restrained at the trial; 1 Maule & S. 234; 1 Saund. (6th Ed.) 227, 228; 1 Den. Cr. Cas. 356; 2 M. & G. 405: 13 M. & W. 377; 6 C. B. 136; Worster v. Proprietors of Canal Bridge, 16 Pick. (Mass.) 541; Wilson v. Coffin, 2 Cush. (Mass.) 310; Bartlett v. Crozier, 17 Johns. (N. Y.) 439, 458, 8 Am. Dec. 428; Kain v. R. Co., 29 Mo. App. 53; Bronnenburg v. Rinker, 2 Ind. App. 391, 28 N. E. 568.

The effect of a verdict to cure an error or omission in pleading where no objection is taken before verdict. It is presumed that the facts without which the verdict could not have been found were proved, though not distinctly alleged, there being an averment sufi Sciently general in reasonable intendment to comprehend them.

Thehealing or remission, by a verdict rendered, of a defect or error in pleading which might have been objected to before verdict. The presumption of the proof of all facts necessary to the verdict as it stands, coming to the aid of a record in which such facts are not distinctly alleged.

Where a defect or error in pleading which might have been objected to is, after verdict, no longer open to objection; is " cured by the verdict."