verdict

A verdict embodies in a single finding the conclusions by the jury upon all the questions submitted to it.

The expression of the concurrence of individual judgments, rather than the product of mixed thoughts. 17 Kan. 462; 20 Ann. Cas. 880.

In practice. The unanimous decision made by a jury and reported to the court on the matters lawfully submitted to them in the course of a trial of a cause. It is the theory of jury trials that, from the testimony each individual juror should be led to the same conclusion; and this unanimous conclusion is the certainty of fact sought in the law. 17 Kan. 462; 20 Ann. Cas. 880. Under comparatively recent statutory provisions in some states a verdict or special finding in a civil case, concurred in by three-fourths of the jurors only, is valid. 171 Mo. 84; 70 S. W. 891; 7 Ohio App. 99; 100 Ohio St. 315; 125 N. E. 875. (1) A general verdict is one by which the jury pronounce at the same time on the fact and the law, either in favor of the plaintiff or defendant. Co. Litt. 228; 4 Bl. Comm. 461. The jury may find such a verdict whenever they think fit to do so. (2) A partial verdict in a criminal case is one by which the jury acquit the defendant of a part of the accusation against him, and find him guilty of the residue. The following are examples of this kind of a verdict, namely: When they acquit the defendant on one count, and find him guilty on another, which is indeed a species of general verdict, as he is generally acquitted on one charge, and generally convicted on another; when the charge is of an offense of a higher, and includes one of an inferior, degree, the jury may convict of the less atrocious by finding a partial verdict. Thus, upon an indictment for burglary, the defendant may be convicted of larceny, and acquitted of the nocturnal entry; upon an indictment for murder, he may be convicted of rnanslaughter; robbery may be softened to simple larceny; a battery into a common assault. 1 Chit. Crim. Law, 638, and the cases there cited.,(3) A privy verdict is one delivered privily to a judge out of court. A verdict of this kind is delivered to the judge after the jury have agreed, for the convenience of the jury, who, after having given it, separate. This verdict is of no force whatever, and this practice, being exceedingly liable to abuse, is seldom if ever allowfed in the United States. The jury, however, are allowed in some states, in certain cases, to seal their verdict and return it into court, as, for example, where a verdict is (4) A public verdict is one delivered in open court. This verdict has its full effect, and, unless set aside, is conclusive on the facts, and, when judgment is rendered upon it, bars all future controversy, in personal actions. A private verdict must afterwards be given publicly in order to give it any eifect. (5) 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. 1 Litt. (Ky.) 376; 4 Rand. (Va.) 504; 1 Hen. & M. (Va.) 235; 1 Wash. C. C. (U. S.) 499; 2 Mason (U. S.) 31. The jury have an option, instead of finding the negative or affirmative of the issue, as in a general verdict, to find all the facts of the case as disclosed by the evidence before the).., and, after so setting them forth, to conclude to the following effect: "That they are ignorant, in point of law, on which side they ought upon those 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, etc.; but if the court are of an opposite opinion, then they find vice versa." This form of finding is called a "special verdict." In practice they have nothing to do with the formal preparation of the special verdict. When it is agreed that a verdict of that kind is to be given, the jury merely declare their opinion as to any fact remaining in doubt, and then the verdict is adjusted without their further interference. It is settled, under the correction of the judge, by the counsel and attorneys on either side, according to the state of the facts as found by the jury, with respect to all particulars on which they have delivered an opinion, and, with respect to other particulars, according to the state of facts which it is agreed that they ought to find upon the evidence before them. The special verdict, when its form is thus settled, is together with the whole proceedings on the trial, then 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 a demurrer. If either party be dissatisfied with their decision, he may afterwards resort to a court of error. Steph. PL 113; 1 Archb. Prac. 189; 3 Bl. Comm. 377; Bac. Abr. "Verdict" (D, E). There is another method of finding a special verdict. This is when the jury find a verdict generally for the plaintiff, but subject, nevertheless, to the opinion of the judges or the court above on a special case, stated Jjy the counsel on both sides, with regard to a matter of law. 3 Bl. Comm. 378. And see 10 Mass. 64; 11 Mass. 358. See, generally, Bouv. Inst. Index. (6) A sealed verdict is one arrived at and delivered, to be returned to the court when it shall again convene after a recess is inclosed in a sealed packet, and is opened and read at the ensuing sitting of the court, in the presence of the jury. It is permitted by special direction of the court in order to avoid confining the jury for a long period after agreeing, and enables them to separate subject to the duty to attend the opening of the verdict. VERDICT SUBJECT TO OPINION OF court. A verdict returned by the jury, the entry of judgment upon which is subject to the determination of points of law reserved by the court upon the trial. VERDIT (Law Fr. from ver, true, and dit, a saying).

In old English law. Verdict; a declaration by a jury of the truth of a matter in issue, submitted to them for trial. VEREBOT (Saxon). In old records. A packet boat, or transport vessel. Cowell. VEREDICTUM (Law Lat. from vere, truly, or verus, true, and dictum, a saying).

In old English law. A verdict; a declaration of the truth of a matter in issue, submitted to a jury for trial.

In practice. The formal and unanimous decision or finding of a jury, impaneled and sworn for the trial of a cause, upon the matters or questions duly submitted to them upon the trial. The word "verdict" has a well-defined signification in law. It means the decision of a jury, and it never means the decision ot a court or a referee or a commissioner. In common language, the word "verdict" is sometimes used in a more extended sense, but in law it is always used to mean the decision of a jury; and we must suppose that the legislature intended to use the word as it is used in law. Kerner v. Petigo, 25 Kan. 656.

— Adverse verdict. Where a party, appealing from an allowance of damages by commissioners, recovers a verdict in his favor, but for a less amount of damages than had been originally allowed, such verdict is adverse to him, within the meaning of his undertaking to pay costs if the verdict should be adverse to him. Hamblin v. Barnstable County, 16 Gray (Mass.) 256.

— False verdict. An untrue verdict Formerly, if a jury gave a false verdict, the party injured by it might sue out and prosecute a writ of attaint against them, either at common law or on the stafute 11 Hen. VII. c. 24, at his election, for the purpose of reversing the judgment and punishing the jury for their verdict; but not where the jury erred merely in point of law, if they found according to the judge's direction. The practice of setting aside verdicts and granting new trials, however, so superseded the use of attaints that there is no instance of one to be found in the books of reports later than in the time of Elizabeth, and it was altogether abolished by 6 Geo. IV. c. 50, § 60. Wbarton.

— General verdict. A verdict whereby the jury find either for the plaintiff or for the defendant in general terms; the ordinary form of a verdict Glenn v. Sumner, 132 U. S. 152, 10 Sup. CL 41, 33 In Ed. 301; Settle v. Alison, 8 Ga. 201, 52 Am. Dec. 393; Childs v. Carpenter, 87 Me. 114, 32 Atl. 780,

— Open verdict. A verdict of a coroner's jury which finds that the subject "came to his death by means to the jury unknown," or "came to his death at the hands of a person or persons to the jury unknown." that is, one which leaves open either the question whether any crime was committed or the identity of the criminni.

— Partial verdict. In criminal law, a verdict by which tin jury acquit the defendant os to a part of the accusation and find him guilty os to the residue. State v. McGee, 55 S. C. 247, 33 S. E. 353, 74 Am. St Rep. 741; U. S. v. Watkins, 28 Fed. Cas. 419.

— Privy verdict. One given after the judge has left or adjourned the court, and the jury, being agreed, in older to be delivered from thear confinement, obtain leave to give their verdict privily to the judge out of court. Such a verdict is of no force uniess afterwards affirmed by a public verdict given openly in court. This practice is now superseded by that of rendering a sealed verdict. See Young v. Seymour, 4 Neb. 89.

— Publio verdict. A verdict openly delivered by the j'ury in court. Withee v. Rowe, 45 Me. 571.

— Quotient verdict. A money verdict the amount of which is fixed by the following process: Each juror writes down the sum he wishes to award by the verdict, and these amounts are all added together, and the total is divided by twelve, (the number of jurors,) and the quotient stands as the verdict of the jury by their agreement. See Hamilton v. Owego Water Works, 22 App. Div. 573, 48 N. Y. Supp. 106; Moses v. Railroad Co., 3 Misc. Rep. 322, 23 N. Y. Supp. 23.

— Sealed verdict. See Sealed.

— Special verdict. 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.

— Verdict subject to opinion of conrt. A verdict returned by the jury, the entry of judgment upon which is subject to the determination of points of law reserved by the court upon the trial.

Literally, a saying or declaration of the truth; in practice, the finding of a jury as to the truth of matters of fact submitted to them for trial. A verdict is either general or special, that is, a finding in a general form on all the facts in issue, or a finding of facts severally, leaving the application of the law to the court So a verdict is either privy or public, that is, a verdict given privily to the judge out of court, the court being adjourned, to be affirmed in open court has adjourned, the jury may in some cases seal up their verdict, separate, and come in and openly declare the same when the court again meets.

6 The saying of the truth. The finding of a jury. The answer of the jury to the questions of fact contained in the issue formed by the pleadings. 7 General verdict. This directly finds or negatives all facts in issue, in a general form. Special verdict. When the jury finds the facts particularly, and submits to the court the questions of law arising upon them.7 A " general verdict " is that by which the jury pronounces generally upon all the issues for the plaintiff or for the defendant. A " separate-general verdict" is the finding, upon any of the issues. A " special verdict " is the finding of facts by a jury, as shown in their answers to questions submitted to them in writing. 8 'Brayley v. Ross, 33 Iowa, 508 (1871), Beck, C. J.; Stone V. Sanborn, 104 Mass. 324 (1870), cases; Newton V. Price, 41 Ga. 195 (1870); Lester v. Sutton, 7 Mich. 331 (1859); Bryant v. Lord, 19 Minn. 404 (1872); 1 Greenl. Ev. § 201, note; 2 Whart. Ev. § 1127. 2 Winchell v. Coney, 64 Conn. 31 (1886). See also Wilson V. Roots, 119 111..388 (1887). ' 2 Whart. Ev. § 872, cases; 3 Pars. Contr. 4, cases. < Chapman v. Polack, 70 Cal. 495 (1686), cases; Cragin u Powell, 128 U. S. 696 (1888). See generally Smith, Contr. 606; 2 Pars. Contr. 421; 2 Black, 604; 62 Cal. 638; 74 Me. 806; 121 Mass. 50; 183 id. 614; 144 id. 369; 64 Pa. 400. Milton V. Babson, 6 Allen, 324 (1803), Bigelow, C. J.; 2 Bl. Com. 379. L. vere dictum, said by the truth. ' Day V. Webb, 28 Conn. 144 (1869), Waldo, J.; 45 Me. By a separate-general verdict the jury pass upon an issue that may be constituted of many facts; hy a special verdict, upon the existence of facts vrithout reference to any issue. A separate-general verdict is separate as to, the particular issu Cj as distinguished from any other issue, and general as to the particular issue; that is, it applies in cases where there is more than ope issue. A special verdict is based upon 13 Edw. I (1286), c. 30. The jury state the naked facts, as they find them to be proved, and pray the advice of the court thereon; concluding, conditionally, that if upon the wkole matter the court should be of opinion that the plaintiff had cause of action, they find for the plaintiff; if otherwise, for the defendant. This is entered at length on the record, af tervard argued, and determined by the court. If error exists in a general verdict, it can be corrected only by a new trial. The usual course is to sustain a special verdict if it contains the facts necessary to a proper judgment upon the matter in controversy; the court of original jurisdiction may render such judgment as the case requires. Error apparent in the record is re-examinable on a writ of error. It is of the very essence of a special verdict that the jury find the facts on which the court is to pronounce the judgment according to law, and the court is confined to the facts so found. Stating the evidence of the facts is insufficient... The verdict is formally prepared by counsel, subject to correction by the court; after being found, it is entered on the record, and the questions of law are then decided by the court, as in a case of demurrer. In a court of error nothing is open for revision except the questions of law inf erentially arising upon the facts stated. The proceeding, lilce a bill of exceptions, enlarges the record by incorporating the facts of the case. Error apparent in any part of the record is within the revisory power.* By leave of court, the verdict may be prepared by the parties, subject to correction by the court, and may include agreed facts in addition to those found by the jury. The purpose is, that the cfiurt may have time to hear the parties and give the questions of law deliberate consideration.' Rulings on evidence are not properly included, any more than in an agreed statement of facts; because the verdict is entered on the record, and the judgment is based on the findings of the jury.' See Case, 2, Stated; Finding, 4, Special. > [Witty V. Chesapealse, Ohio, &e. E. Co., 83 Ky. 29 (1884), Hines, C. J. ' 3 Bl. Com. 377; Cp Uins V. Biley, 104 U. S. 324 (1881). ' New Orleans Ins. Co. v. Piaggio, 16 Wall. 387-88 (1872), cases. 4 Suydam v. Williamson, 20 How. 432-33 (1857), cases, Clifford, J.; Sun Mutual Ins. Co. v. Ocean Ir)S. Co., 107 U. S. 600-1 (1882), cases, Matthews, J. Mumford v. Wardwell, 6 Wall. 432-33 (1867). See, Privy verdict. Where the judge has left or adjourned court, and the jury, being agreed, in order to be delivered from confinement, obtain leave to give their verdict privily to the judge out of court: which verdict they afterward afiirm by a public verdict given openly in court; wherein, if they please, they may vary from the first verdict.' A privy verdict is not known in criminal practice; but that practice allows the judge to adjourn while the jury withdraw to confer, and to return in order to receive the verdict in open court. Finding such verdicts is seldom indulged; the practice would allow time for tampering with a jury.' Sealed verdict. A verdict which a jury seal up, return to court, and at the next sitting make known as their finding. Sealed verdicts are common. In each case, when the court is again session, the jurors assemble and announce their'flnding in all respects as if it had not been sealed.* See Poll, 1. Public verdict. In this the jury openly declare that they have found the issue for the plaintiff or the defendant." When the evidence is insufficient to support a verdict for the plaintiff, the court may direct a verdict for the defendant.' See further Nonsuit. But the court cannot direct a verdict of guilty as to a criminal offense, even where the facts are admitted, and the question of guilt depends upon a matter of law left for the court to determine.' On the trial of a felony, at common law, a verdict cannot be rendered in the absence of the accused; and the record should show that he was present.' After a verdict for a plaintiff it is presumed he proved every fact indispensable to a recovery, though no evidence appears in the record to show it.' Where it is so palpable that the jury have erred as to suggest the probability that their verdict was the result of misapprehension or partiality, the court will set aside the verdict. ' special interrogatoi*ies to juries, see 20 Am. Law Rev 356-88 (1886), cases. 1 [3 Bl. Com. 377; 5 Phila. 124; 6 id. 520. 2 4 Bl. Com. 860. ' 3 Bl. Com. 377. United States v. Bennett, 16 Blatch. 372-75 (1879), cases; Doyle ti. United States, 11 Biss. 100 (1881). ' [3 Bl. Com. 377. Schofield V. Chicago, &c. R. Co., 114 U. S. 619 (1886). ' United States v. Taylor, 11 F. E. 470 (1882); ib. 475. 'United States v. Whittier, 13 F. E. 636 (1882); State V. Cartwright, 10 Oreg. 196 (1881), cases. ' Grignon v. Astor, 2 How. 340 (1844); Garland v. Davis, 4 id. 144 (1846); 3 Bl. Com. 394; 4 id. 376. "Mengis V. Lebanon Manuf. Co., 10 F. E. 665 (1882); Poole V. Chicago, &c. R. Co., 2 Mc Crary, 251 (1881); The courts will not set aside a verdict for excessive damages unless so excessive' as to evince prejudice, partiality, or corruption in the jury.' See also Behavior; Contrary; Instedot, 2; Jeopardy; Jdry; Lot, 1; Trial.

The formal and unanimous-answer of a petit jury given in open court. General verdict: a verdict simply for the plaintiff or defendant upon the issue, as distinct from a special verdict, one finding particular facts. Sealed verdict: when the jury have agreed during the absence of the court, they are sometimes dismissed, after placing their written verdict in an envelope and sealing it.

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.