special verdict

the findings of the Court of Claims 'are to be treated like the verdict of a jury, and we are not at liberty to refer to the evidence, any more than to the opinion, for the purpose of eking out, controlling, or modifying their scope

In practice. A special verdict is one by which the facts of the case are put on the record, and the law is submitted to the judges, as where the jury instead of finding for either party, find and state all the facts at issue, and conclude conditionally, that if upon the whole matter thus found, the court should be of the opinion that the plaintiff has a good cause of action, they then find for the plaintiff, and assess his damages; if otherwise, then for the defendant. 129 111. 142. See "Verdict."

A special verdict is Many contracts are entered into by parties one by which the facts of the case are put to fulfil certain things, and then the conon the record, and the law is submitted to tracting parties neglect or refuse to fulfil the judges. An agreed statement of facts their engagements. In such cases the party may be the equivalent of a special verdict; aggrieved has generally a remedy at law, and U. S. Trust Co. v. N. M., 183 U. S. 535, 22 may recover damages for the breach of the Sup. Ct 172, 46 L. Ed. 315. contract; but in many cases the recovery of Acts providing for special verdicts are not damages is an inadequate remedy, and the violative of the right of trial by jury; Adams’ party seeks to recover a specific performance Adm’r v. R. Co., 82 Ky. 603; Walker v. R. of the agreement. Co., 165 U. S. 593, 17 Sup. Ct. 421, 41 L. Ed. It is a general rule that courts of equity 837; Pittsburg, C., C. & St. L. R. Co. v. will entertain jurisdiction for a specific per- Smith, 207 111. 486, 69 N. E. 873. formance of agreements, whenever courts of See Verdict; Bac. Abr. Verdict (D). law can give but an inadequate remedy; and

A special finding of the facte of a case by a jury, leaving to the court the application of the law to the facte thus found. 1 Archb. Pr. K. B. 213; 3 Bl. Comm. 377; Statler v. U. S., 157 U. S. 277, 15 Sup. Ch 616, 39 L. Ed. 700; Day v. Webb, 28 Co.nn. 144 ; Wallingford v. Dunlap. 14 Pa. 32: McCormick v. Royal Ins. Co., 163 Pa. 184, 29 Atl. 747.

Defined under Verdict in Black's Law Dictionary.

practice. V. Verdict, Special; 7 Bac. Ab. 4.