Noah Haynes Swayne

“ A prayer for instructions was submitted by the defendant. The court refused to give them, but charged the jury full upon the whole case. Both the subjects presented by the special pleas were fully discussed. Indeed they were the only grounds of the controversy between the parties. The case was tried, in all respects, as if the pleadings had been formal and perfect. The jury found for the plaintiff. The language of the verdict is: 'We, the jury, find the issue for the plaintiff, and assess his damages,' &c. The defendant moved for a new trial. ”

“ It is said that, conceding the issues intended to be made by the defendant were in fact submitted to the jury, the verdict does not respond to them; that it finds 'the issue'-but one-and not designating which one, for the plaintiff.
It was competent for the court to amend the verdict by changing the term 'issue' from the singular to the plural. This would have removed the ground of the objection. A verdict, unless it be a special one, is always amendable by the notes of the judge. ”

“ Such a mass of unnecessary matter has a tendency to involve what is really important in obscurity and confusion. Its presence is a violation of the fourth rule of this court. Its examination consumes our time, increases our labor, and can subserve no useful purpose. ”