Clarke v. Parker

Citations

• 63 Miss. 549

Syllabus

<p>1. Costs. Trial of claimant's issue. Plaintiff partially successful. Section 1778, Code of 1880, applied. Section 2368, Code of 1880, considered.</p> <p>C. attached twenty bales of cotton as the property of M. P. claimed the property. On the trial of the claimant’s issue the verdict of the jury awarded four thousand seven hundred and forty-five pounds of lint cotton to P., and the remainder to 0., as the property of M. The trial judge assessed the costs against C., the plaintiff in execution. Meld, that under | 1778, Code of 1880, which provides that whenever a verdict shall be rendered on a claimant’s issue for the plaintiff “ the court shall pronounce judgment for the specific property if to he had, and if not, for its value as assessed by the jury and costs of suit,” the plaintiff, having maintained his right to have part of the property subjected to his execution, was entitled to a judgment for costs. Section 2368, Code of 1880, which places the taxation of costs in the discretion of the judge, applies only to those cases where no provision for such taxation has been made by law “ expressly or by fair implication.”</p> <p>2. CliAlMATtT’s Issue. Verdict not assessing value of property. Supreme court practice. Writ of inquiry.</p> <p>In the trial of a claimant’s issue as to twenty bales of cotton seized in attachment, the jury awarded four thousand seven hundred and forty-five pounds of lint cotton and thirty-seven dollars to the claimant, and the remainder to the plaintiff. The jury failed to assess the value of the cotton. The court adjudged that the claimant be paid, according to the verdict of the jury, out of the proceeds of the cotton in controversy, and that the remainder thereof be paid to the plaintiff as being the money of the defendant in the attachment. The sheriff, in making his return upon the attachment, valued the cotton at so much per bale, and not by the pound. No writ of inquiry was asked in the court below. Meld, that the verdict of the jury