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A Consideration Of The More Extended Use Of The Special Verdict, Samuel A. Driver
A Consideration Of The More Extended Use Of The Special Verdict, Samuel A. Driver
Washington Law Review
This discussion will cover only subdivision (a) of Rule 49 of the Federal Rules of Civil Procedure, but I feel that I should briefly distinguish it from subdivision (b), the other subdivision of the rule, since the cases reveal a surprising amount of confusion regarding them. Subdivision (a) provides that the court may require the jury to return only a special verdict in the form of special findings on each issue of fact formulated by the pleadings and the evidence. The special verdict may be in the form of either written findings or written questions, susceptible of categorical or other …
Summary Judgment, Joann R. Locke
Summary Judgment, Joann R. Locke
Washington Law Review
Washington procedure is noticeably defective in the lack of a device which will dispose quickly and easily of all those actions where no material issue of fact actually exists although issues are formally set up in the pleadings. The urgent need for some such device was shown recently in the case of Weyerhaeuser Sales Co. v. Holden. Plaintiff desired to end the case summarily, as he felt sure there was no defense to his action. However, his attempt to make existing procedure serve this purpose failed. All of defendant's answer except a cross-complaint had been stricken, and plaintiff had filed …