The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1870-08-17
CODE OF PR00EDURE--Conti
CHAPTER III.
TRIAL by JURY.

SECTION 2S2. Notice OF trial. Separate
trials.
SEC. 2s3. Court to be furnished with q
copy of tho pleadings.
SEC. 2S4. General and special verdicts
defined.
Sec. 2S5. When jury may render either
goneral or special verdict, and when tho
Court may direct special finding.
SEC. 2SG. On special finding with a
general verdict, the former to control.
SEC. 2S7. Jury to assess defendants
damages in certain cases.
Sec. 2sS. Entry of the verdict. Mo-
tion for new trial.
SEC. 280. Motion Cor new trial, or for
Judgment on special verdict, where to be
heard.
SEC. 2S2. Either party giving tho no.
tice, may bring the issue to trial, and in
aosence OF the adverse party, unless the
Court, Tor good cause, otherwise direct,
may proceed with his case, and take q
dismissal of the complaint, or o verdict
or Judgment, rs the case may require. A
separate trial between q plaintiff and any
OF the several defendants may be allowed
by thc Court, whenever, in its opinion,
justice will thereby be promoted.
Sec. 2S3. When the issue shall be
brought to trial by the plaintiff, he shall
furnish the Court with copy of the
summons and pleadAgs, with the offer
of defendant, if ally shall have been
made. When the issRe shall be brought
to trial by the defendant, and the plain
tiff shall neglect or rel Ase to furnish the
Court with copy of tp summons and
pleadings and the offer u the defendant,
fae fandaat same may be furnislNd by the de
SEC. 2s4. A general vcNiot is that by
which the jury prono,f$e generally
upon all or any of the isAAs, either in
favor OF the plaintiff or defApdnnt a
special verdict is that by whi4h the jury
to the Court. "A
SEC. 2S5. In an action for theNecovery
of specific personal property, if Mic pro
perty have not been delivereA to the
plaintiff, or if it have, and the def\Nndant
by his answer claim O. return tAkreof.
the jury shall assess the value oA tho
property, if their verdict be in fa9Ar of
the plaintiff; or if they find in fav& of
the defendant, and that he is entitleN to
the return thereof; and mny at the st{ he
time assess the damages, if any Ne
claimed IN the complaint or answA
which the prevailing party has sustained
by reason of the detention or taking anH
Withholding such property.
In every action for tie recovery of
money only, or specific real property,
the jury, in their discretion may render
general or special verdict. In all other
cases the Court may direct the Jury to
find Especial verdict in writing, upon all
or any of the issues; and in ali cases may
instruct them, if they render general
verdict. to find upon particular ques-
tons OF fact, to be stated in writing. and
may direct Il written finding thereon.
The special verdict or finding shall be
filed with the Clerk, and entered upon
the minutes.
SEC. 2SG. Where q special finding of
facts shall be inconsistent with the gen
crnl verdict, the former shall control the
latter, and the Court shall give iudg-
mcnt accordingly.
SEC. ISL When u verdict is found for
the plaintiff in al action for the rcco-
very OF money, or for the defendant when
set-on Tor tho recovery of money is
established beyond the amount Of the
plnintlt1's 8 claim as established, the Jury
must also assess the amount OF the reco-
very; they may also, under the direction
OF the Court, assess the amount of the
recovery when the Court give Judgment
for the plaintiff on the answer. If a set
oil, established ut the trial, exceed the
plaintiffs demand so established, judp-
ment for the defendant must be given
for the excess; CT if it appear that the
defendant is entitled to any other affirm
atlve relief, judgment must be given
accordingly.
SEC. 2SS. IL Upon receiving a YER
dict, the Clerk shall make IN entry in
his minutes, specifying the time and
place OF the trial, the names OF the Jurors
ard witnesses, the verdict, and either
the judgment rendered thereon, or an
order that the cause be reserved for
argument or further consideration. If
n different direction be not given by the
Court, the Clerk must enter Judgment
III conformity with the verdict 3 If
an exception be taken, it may be re-
duced to writing at the time, or entered
III the Judges minutes, and afterwards
settled as provided by the rules of tile
Court, and then stated in writing in n
case, or separately, with SO much of the
evidence MS may be material to the cues
tions to be raised. but need not be sealed
or signed, nor need a bill of exceptions
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