28 Conn. 140 | Conn. | 1859
[ *144 ]
The only questions presented in this case relate to the sufficiency of the verdict, each party claiming that the court can, with suitable changes, “ work the finding of the jury into form,’’ so that a judgment might be rendered in his favor, while both seem to admit that it is now informal, if not fatally defective. A verdict may be defined to be, the answer of the jury to the questions of fact- contained in the issue formed by the pleadings of the parties. It may be general or special. A general verdict directly finds or negates all the facts in issue in a general form. A special verdict is where the jury finds the facts particularly, and then submits to the court the questions of law arising upon them. If, in either case, the jury return a verdict varying materially from the issue, either omitting to find all the facts embraced in it, or, disregarding the issue, find other and different facts not in the issue, the verdict will be insufficient, and judgment for such cause will be arrested. Gould’s Pleading, ch. 10, sec. 9. Smith v. Raymond, 1 Day, 189. Kegwin v. Campbell, 1 Root, 268. It is not necessary that the verdict should conclude formally in the words of the issue, the general rule being that, “ although the verdict may not conclude formally or particularly in tbe words of the issue, yet, if the point in issue can be concluded out of the finding, the coui't shall work the finding into form and make it serve according to the justice of the case.” Forster v. Jackson, Hobart, 54. Porter v. Rummery, 10 Mass., 66. Stearns v. Barrett, 1 Mason, 153.
Have the jury, in the verdict under consideration, found the facts contained in the issue, either in a general form or specially ? We think they have not. They have not found the issue directly either for the plaintiffs or the defendant; nor have they found the facts specially, and submitted the law arising thereon to the court. They say they acquit the defendant of the charge of fraud, but whether it be on the ground of their intuitive belief of his innocence, or for want of satisfactory evidence to sustain the charge, is left to conjecture. They find for the plaintiffs to recover, but do not find a single fact tending to establish their right to a judgment. We may infer, ■[ *145 J perhaps, *from the language of the verdict, that the jury found that the defendant was not guilty of fraud, but they do not give us any rule by which we can ascertain what they supposed was included in the term fraud. It is possible
Other points have been made, and discussed by counsel, but as some of them have heretofore been adjudicated by this court, and as none of them are necessarily involved in the *final disposition of the case, we have not thought it [ *146 ] necessary to consider them at this time. The superior court is advised that no judgment can be rendered upon the verdict, and that a venire facias de novo must be issued.
In this opinion the other judges concurred.
Judgment arrested, and a new venire to be issued.