By agreement of the parties, this case was submitted to the jury on six special interrogatories, a general verdict being waived, and judgment was rendered on the answers so given. The appellate court, in reviewing the case, held, in Central Loan and Investment Co. v. Loiseau, that the legal effect of this agreement was a waiver of trial by jury, except for the specific questions submitted, and that findings of fact should have been made by the judge on all issues other than those specifically found by the jury. These findings were held necessary to support a judgment, although they were admittedly not open to controversy when the testimony closed.

Included in

Courts Commons