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" ... if the point in issue can be concluded out of the finding, the court shall work the verdict into form, and make it serve according to the justice of the case. "
Reports of Cases Argued and Determined in the Supreme Court of Pennsylvania - Page 198
by Pennsylvania. Supreme Court, Frederick Watts - 1835
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Reports of Cases Adjudged in the Supreme Court of Pennsylvania, Volume 5

Pennsylvania. Supreme Court, Thomas Sergeant, William Rawle - Law reports, digests, etc - 1822 - 600 pages
...for vtile per inutile non vitiatur. It is sufficient if the matter and substance be found. Co. Lift. 227. For though the finding is not in the words of...justice of the case. Hob. 54. 2 Burr. 693. 10 Mass. 64. 1819. the plaintiff of the value of 2000/., and judgment generally ; Philadelphia, whereas the verdict...
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A Digest of the Laws of England, Volume 6

Sir John Comyns - Law - 1825 - 576 pages
...good, though the value not set out. Barnes, 444. •^ But although a verdict may not conclude formally in the words of the issue, yet, if the point in issue can be concluded out of the finding, the court will put it into form, and make it subserve the justice of the case. Porter p. Rummery, 10 Mas», Rep....
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A New Abridgment of the Law with Large Additions and Corrections, Volume 10

Matthew Bacon, Sir Henry Gwilliam, Charles Edward Dodd - Law - 1846 - 748 pages
...Cowp. 407; Grundy v. Mel], 1 New R. 28.|| £ In general, when a verdict does not conclude formally in the words of • the issue, yet if the point in issue can be collected from the finding, the court will put the verdict into form, and make it serve according to...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 51

Alabama. Supreme Court - Law reports, digests, etc - 1877 - 714 pages
...court said : " The general rule is, that although the verdict may not conclude, formally or punctually, in the words of the issue, yet, if the point in issue...make it serve according to the justice of the case." It was further said, that if the verdict, expressed in the terms of the first issue, was understood...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 42

Alabama. Supreme Court - Law reports, digests, etc - 1870 - 806 pages
...cited with approbation this rule : " That though the verdict may not conclude formally and punctually in the words of the issue, yet, if the point in issue can be concluded out of the rinding, the court shall work the verdict into form, and make it serve." — (Hobart, 54.) Now, the...
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Practice Reports in the Supreme Court and Court of Appeals, Volume 7

Nathan Howard (Jr.) - Civil procedure - 1852 - 576 pages
...court will set right matters of form." And it is laid down Burhans iu<t. Tibbits. in Hobart, 54, " that if the point in issue can be concluded out of the finding, the court will work the verdict into form and make it serve." Thus, in Petrie vs. Hannay (3 Term R. 659), the...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 14

William Johnson, New York (State). Supreme Court - Law reports, digests, etc - 1853 - 500 pages
...Hob. 54. is recognized as correct, that though the verdict may not conclude formally and punctually in the words of the issue, yet, if the point in issue can be concluded from the finding of the jury, the Court will work the verdict into form, and make it serve. The same...
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Supplement to the Second and Third Editions of Voorhies' Annotated Code ...

New York (State) - Civil procedure - 1854 - 338 pages
...Burr., 699), " the court will set right matters of form." And it is laid down in Hubart, C4, " that if the point in issue can be concluded out of the finding, the court will work the verdict into form, and make it serve." Thus, in Fs trie v. Hannay (3 TR. 650), the defendant...
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The Code of Procedure of the State of New York: With Notes, an Appendix, and ...

New York (State) - Civil procedure - 1855 - 802 pages
...Burr., 699), 'the court will set right all matters of form.' And it is laid down in Hnbart, 54, ' that if the point in issue can be concluded out of the finding, the court will work the verdict into form, and make it serve.' Thus, in Pétrie v. Hannay (3 TAl., 659), the...
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Massachusetts Reports: Cases Argued and Determined in the Supreme ..., Volume 10

Massachusetts. Supreme Judicial Court - Law reports, digests, etc - 1864 - 552 pages
...imperfect, the demandant is not therefore entitled to judgment. Although a verdict may not conclude formally in the words of the issue, yet if the point in issue can be concluded out of the finding, the court will work it into form, and mike it serve according to the justice of the case. Whi're, in a real action,...
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