Bank of Monroe v. Brockway

By the Court,

A special verdict is not enumerated in the act of 1832, but it is in the act of 1833. (Statutes, session of 1832, p. 188, and session of 1833, p. 305.) These acts are in pari materia ; a special verdict, therefore, as well as a bill of exceptions or case made, must, in the first instance, be heard and decided before the circuit judge, unless he in his. discretion direct that it be carried immediately to this court.