. The Montreal law reports [microform]. Law reports, digests, etc; Law; Jurisprudence; Droit. '»W*^'*'â¢''*'''*'*" ^KW*%T? â¢;..(> â N T*"«W" '"t '460 ,-^r^ â â¢i. â MONTRKAlJ LAW BtlPORTS. IWO. Boy»l Institution wa. held material to the issues as they then stood, and 11 to be tried, and if it is not maUal to the issue- , in^itution ^^ j^ .ât boforf ^mg to inal. It is .ottuhroi^ ho-^^d^^^^^ that the v3rdict b^ing in this respect in- forma/and a right to a new trial under ^tl^a:iurher'I;guedlJyt>efaintiff^ >^houW have been taken b(y^he ^defe
. The Montreal law reports [microform]. Law reports, digests, etc; Law; Jurisprudence; Droit. '»W*^'*'â¢''*'''*'*" ^KW*%T? â¢;..(> â N T*"«W" '"t '460 ,-^r^ â â¢i. â MONTRKAlJ LAW BtlPORTS. IWO. Boy»l Institution wa. held material to the issues as they then stood, and 11 to be tried, and if it is not maUal to the issue- , in^itution ^^ j^ .ât boforf ^mg to inal. It is .ottuhroi^ ho-^^d^^^^^ that the v3rdict b^ing in this respect in- forma/and a right to a new trial under ^tl^a:iurher'I;guedlJyt>efaintiff^ >^houW have been taken b(y^he ^defendants a the time and that they are too late 7ow ; and the gre'.t /uth^ity of Chief Justice Meredith in. C<mmn v. Huot (1 Q- U ». p 189). was cited. Butthat case, admitting, of course. it« LfJie weight where it can be applied, does not re^h thf» present one at all. There the jury was asked whe^et a stLment of facts in a libel were true ^^f'^'^J^ answered that they were partly true and |«tly W^e The Chief Justice heli subsUntially tha^fy^^»J^| have been asked at the time what part ^ true ana what false; but in the case now before us. ^^^l^^^l wasimpossible to answer ; and the q««f «\*^"'^.^nh' mains as en^rely unanswered as if. they l^ad^«.f J^^^ would not or could not answer it at all ./"d it would mould think, have been quite useless to "^k them to do What they said was impossible. The judge of courBe had poller to send them back;, but I think he acted XlTiu not doing so. as neither of the Pf»e« ;"ked i* . Ind Jl the juty meantWy possibly have been th«t they ."mJ^^elbrethat the question was material- the fa^f were settled for trial, and should hav. beea answered directly by saying either t^^tthe^fe^ nquired of was proved, or that it was not proved, that is to say JheV^uWani should have gi^n their Judgment upon ^ K put to them. The oth^ ^I^J^t^:^ :^^ andadmission of illegal '^^t^ "
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