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Special Execution

Bouvier's Law Dictionary and Concise Encyclopedia · John Bouvier; revised by Francis Rawle · 1914

Bouvier's Law Dictionary and Concise Encyclopedia

A copy of a judgment with a direction to the sheriff indorsed thereon to execute it. Crombie y.

Little, 47 Minn. 581, 50 N. W. 823.

SPECIAL FINDINGS Where a jury find specially a particular fact, presumably material to the general question before them, but which does not involve the whole of that question. Moz. & W. The special findings referred to in the Revised Statutes, § 700, is not a report of the evidence, but it must be like the special verdict of a jury, a finding of the ultimate facts which the evidence establishes; Mercantile Trust Co. v. Wood, 60 Fed. 346, 8 C. C. A. 658, 19 U. S. App. 567. Special findings have the same weight and must be given the same effect as like findings by the court if a jury had been waived; Metropolitan Nat. Bank v. Jansen, 108 Fed. 572, 47 C. C. A. 497.