In practice. The formal and unanimous decision or finding of a jury, im-paneled 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
More... In practice. The formal and unanimous decision or finding of a jury, im-paneled 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 of 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.) 250.— False verdict. An untrue verdict. Formerly, if a jury gave a false verdict, the party injur¬ed by it might sue out and prosecute a writ of attaint against them, either at common law or on the statute 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 di¬rection. The practice of setting aside verdicts and granting new trials, however, so superseded the use of attaints that there is no instance of one to be found in the books of reports later than in the time of Elizabeth, and it was alto-gether abolished by 6 Geo. IV. c. 50, * 60. Wharton.—General verdict. A verdict where¬by 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. Ct. 41, 33 L. Ed. 301; Settle v. Alison, 8 Ga. 201, 52 Am. Dec. 393; Childs v. Carpenter, 87 Me. 114, 32 Atl. 780.—Open ver¬dict. 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 un¬known," that is, one which leaves open either the question whether any crime was committed or the identity of the criminal.—Partial ver-dict. In criminal law, a verdict by which the jury acquit the defendant as to a part of tne accusation and find him guilty as to the residue. State v. McGee, 55 S. C. 247, 33 S. E. 353, Y4 Am. St. Rep. 741; U. S. v. Watkins, 28 Fed. Cas. 419.—Privy verdict. One given atter the judge has left or adjourned the court, and the jury, being agreed, in order to be delivered from their confinement, obtain leave to give their ver-dict privily to the judge out of court. Such a verdict is of no force unless afterwards aftinned by a public verdict given openly in court. This practice is now superseded by that of render-in* a sealed verdict See Young v. Seymour, 4 Neb. 89.—Public verdict. A verdict openly delivered by the jury in court. Withee v. Howe, 45 Me. 571.—Quotient verdict. A money ver¬dict the amount of which is fixed by the follow¬ing 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 tbe verdict of the jury by their agreement. See Hamilton v. Owego Water Worics, 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 facts of a case by a jury, leaving to the court the application of the law to the facts thus found. 1 Archb. Pr. K. B. 213; 3 Bl. Comm. 377; Statler v. U. 8.. 157 U. S. 277, 15 Sup. Ct. 616. 39 L. Ed. 700; Day v. Webb. 28 Conn. 144; WalHngford v. Dunlap, 14 Pa. 32; McCormick v. Royal Ins. Co., 163 Pa. 184, 2f> Atl. 747.—Verdict subject to opinion of court. A verdict returned by tbe jury, the entry of judgment upon which is subject to the determination of points of law reserved by the court upon the trial.
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