Pearce v. Jackson

Decided September 15, 1876

Tennessee Supreme Court · decided 1876-09-15

<p>REPLEVIN. Judgment beyondi verdict error, corrected by supreme court.</p> <p>Court cannot enter an additional judgment for the detention of the property without the verdict of the jury; but the supreme court will strike curt the item in the additional judgment, and affirm, it as to the amount properly found by the jury, adjudging costs as on reversal.</p>

Decided 1876-09-15

Freeman, J.,

¶1delivered the opinion of the court.

¶2This is an action of replevin for recovery of a mule. The jury found a verdict for defendant for value of the mule, directing the return of the mule or payment of this sum, in the usual form. Thereupon, without any finding of the jury so far as the record shows, the court entered up an additional judgment for detention of the mule of $15. This was error, but as we can correct the error from the face of the judgment, we strike out this item and affirm the judgment as to the amount- found properly by thejury

¶3The costs of this court will be paid by the defendant as on reversal.