The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-03-03
CHAPTER III.


Sec. 49, Either party giving the notice may bring
the issue to trial. and the absence of the adverse
party, uoless the court for good otherwise d.
the complaint or verdict or judgment the may
require
SEQ 2l4 The PLAINTIFF shall furnish the court with
copy OF the summons and ploadipgs with the offer Of
the defendant, If any shall have been made.
Sec 2i5 Tbs verdict of jury il either general or
nouncs generally upon all any Of the issues either in
iavor OF the psiatf defendant special verdict Is
judgment to the court.
SEQ 2l6 In every action for tn, recovery of money
only or specific real or personal property the jury In
their discretion, render general specsl verdict
la all other cases the court may direct tho jury to find
Especial verdict in writing upon ell any of Issues
or may instruct them, they render general verdict
writing aud may direct written finding thereon -he
special verdict or fading shall be fled with the clerk,
and entered upon ths minutes.
Sec ~ Where special finding Of facts shall be in
consistent with the general verdict, the former shall
control the latter and the court sha give judgment
cordpgly.
Sec. as When verdict shall be found for this plsin.
TN In an action for the recovery Of money only the
jury shall also sseees the amount Of the recovery
Sec 29 Upon receiving verdict, the shall d.
root an entry to BIO made specifying the time place
OF HE tsia the names OF he jurors and witnesses the
verdict and either the judgment rendered thereon
or order that The case DO reserved for argument
further consideration.
SEQ. $40 Judgment shall be entered by the clerk in
conformity to the verdict after the expiration Of four
days unless the order the to be reserved
argumen. or further consideration.
CHAPTER ~.
TRIAL THE COURT.
Sec 22l Trial by jury may be waived ~ the several
parties. TO an issue OF fact Ia the manner following
By falling to appear at thu trial
By written consent, In person or by attorney filed
with the clerk
3. BY oral consent in open court entered in the mi.
puteB
Ssc. 222 Upon trial OF question offsct by the
court ia decision shall be given in writing aud by
tbs clark within twenty days after the at which
the TRIAL TOOK place la giving the decision, the
found nhal be hrs5 stated, aud then the conclusion OF
law upon them. Judgment upon the decision small b.
IN cred accordingly
Sec 2?3 Either party may except to deci'ioa a
matter Of law arising upon such trial. in the
ner, and with the effect upon trial by jury
And either party desiring review upon the evidences
appearing the tris either of the questions Of fact
Of Law, may at any time within ten days notice
the Judgment, max case containing much of the
evidence as may be material to the question to bs raised
The case shall be settled according the existing prac
tice
SEQ 224. On JUDGMENT for the plaintiff upon an is.
sue OF law the plaintiff may proceed ia the
nec upon the failure OF the defendant to eoswer
prescribed by section 2o2 If judgment be for the de-.
PENDANT upon au Issue OF law and the taking of
count or the proo OF any fact be necessry to enable
the court to complete the judgment reference may be
ordered as In that section provided
To he continued