Special case

In English practice. When a trial at nisi prtus appears to the judge to fum on a point of law, the jury may find a general verdict, subject to the opinion of the court above, upon what is termed a "special case" to be made; that is, upon a written statement of all the facts of the case drawn up for the opinion of the court in bane, by the counsel and attorneys on either side, under correction of the judge at nisi prius. The party for whom the general verdict is so given is in such case not entitled to judgment til] the court in banc has decided on the special case; and, according to the result of that decision, the verdict is ultimately entered either for him or his adversary.

Brown.