Page:United States Statutes at Large Volume 47 Part 1.djvu/983

 72d CONGRESS. SESS. II. CH. 127 . FEBRUARY 27, 1933 . lar questions of fact, to be stated in writing, and may direct a written finding thereon. The special verdict or finding must be filed with the clerk and entered upon the minutes. Where a special finding of facts is inconsistent with the general verdict, the former controls the latter, and the court must give judgment accordingly. SEC. 300 . VERDICT IN ACTIONS FOR RECOVERY OF MONEY OR ON ESTAB- LISH ING COUNTERCLAIM .-When a verdict is found for the plaintiff in an action for the recovery of money, or for the defendant, when a counterclaim for the recovery of money is established, exceeding the amount of the plaintiff's claim as established, the jury must also find the amount of the recovery. SEC. 301. VERDICT IN ACTIONS FOR THE RECOVERY OF SPECIFIC PER- SONAL PROPERTY.-In an action for the recovery of specific personal property, if the property has not b een deliv ered to t he plainti ff, or the defendant, by his answer, claim a return thereof, the jur y, if their verdict be in favor of the plaintiff, or if being in favor of defendant, they also find that he is entitled to a return thereof, must find the value of the property, and, if so instructed, the value of specific portions thereof, and may at the same time assess the dam- ages, if any are claimed in the complaint or answer, which the prevailing party has sustained by reason of the taking or detention of such property. SEC. 302. ENTRY OF VERDICT .-Upon receiving a verdict, an entry must be made by t he clerk in the mi nutes of the court, specifyi ng the t ime of tr ial, the names of the juror s and wit nesses, a nd settin g out t he verdic t at leng th ; a nd where special v erdict is found, e ither the j udgment rendered thereon, or if the case be res erved for argume nt or further consideration, the order thus reserving it. SEC. 303. JUDGMENT NOTWITHSTANDING VERDICT .-When a motion for a directed verdict, which should have been granted, has been denied and a v erdict rendered against the mov ing party, the c ourt, at any time be fore the entry of judgment, eit her of its own m otion or on motion of the aggrieved party, shall render judgment in favor of the aggrieved party notwithstanding the verdict. A motion for judgment notwithstanding such verdict may also be made in the alternative form, asking therefor and reserving, if that be denied, the right to apply for a new trial. If the motion for a directed verdict or for judgment notwithstanding th e verdict be denied, the tr ial court on mo tion for new tri al may order jud gment to be so entered when it appears from the whole evi dence that a verdict should have been so directed at the trial. TRIAL BY COURT Entry of verdict. New trial. Trial by court. 959 Acti ons fo r recov ery of money or on estab. lishing counterclaim. Actions for recovery of specific personal property. Judgment notwith- standing verdict. SEC. 304. UPON TRIAL BY COURT, DECISION TO BE IN WRITING AND Decision FILED WITHIN THIRTY DAYS .Up011 the trial of a question of fact by the court, its decision must be given in writing and filed with the clerk within thirty days after the cause is submitted for decision. SEC. 305. FACTS FOUND AND CONCLUSIONS OF LAW MUST BE SEPA- Statement of facts fo und and conc lusions RATELY STATED ; JUDG MENT ON .-In giving the decision, the facts of law ; judgment on. found and the conclusions of law mus t be separately stated. Judgment upon the decision must be entered accordingly. SEC. 306. WAI VING FIN DING S OF FACT .-Findings of fact may waived by several parties to an issue of fact : 1 . By failing to appear at the trial ; 2 . By consent in writing filed with the clerk ; 3 . By oral consent in open court, entered in the minutes. In all cases where the court directs a party to prepare findings, a copy o f said pr oposed fi ndings sh all be se rved upon all the p arties ai ving fi ndings of be tact Waiving .
 * form ; filing.