
    Jay S. Bush v. Henry Peake, et al.
    
    Special Verdict; Laws of 1870. Under the laws of 1870 it was the duty of the court upon the demand of either party to instruct the-jury to, return a special verdict.
    
      Error from Marion District Court.
    
    Peake & Marsh recovered a judgment against Bush at the September Term 1873 of the district court. Bush appeals, and the only question is as to the right of a party to have a special verdict, under § 286 of the civil code, as amended by §7 of ch. 87 of the laws of 1870, upon his demand therefor.
    
      R. M. Euggles, for plaintiff in error.
    R. J. Christie, for defendants in error.
   The opinion of the court was delivered by

Brewer, J.:

Plaintiff in error on the trial in the district court demanded a special verdict, which was refused. This was error. Under the laws of 1870, upon the demand of either party, it was the duty of the court to instruct the jury to return a special verdict. L. L. & G. Rld. Co. v. Rice, 10 Kas., 426. Eor this error the judgment must be reversed, and the case remanded for a new trial.

All the Justices concurring.  