CASE RESERVED

A statement in writing of the facts proved on the trial of a cause, drawn up and settled by the attorneys and counsel for the respective parties under the supervision of the judge, for the purpose of having certain points of law, which arose at the trial and could not then be satisfactorily decided, determined upon full argument before the court in banc. This is otherwise called a “special case;” and it is usual for the parties, where the law of the case is doubtful, to agree that the jury shall find a general verdict for the plaintiff, subject to the opinion of the court upon such a case to be made, instead of obtaining from the jury a special verdict. 3 I>1. Comm. 378; 3 Steph. Comm. 621; Steph. PI. 92. 93; 1 Burrill, Pr. 242, 463.

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