Drane v. Hilzheim

Citations

• 21 Miss. 336

Syllabus

<p>A verdict in an action of replevin must assess the separate Value of each different article embraced in the finding; whatever, in common understanding, are parts of one whole, may be in the verdict treated as one article, and valued accordingly ; but where the articles are clearly distinct, each must be valued.</p> <p>In a verdict in replevin, therefore, for a barouche and harness and horses, which assessed a joint value for the whole, it was held there was error; the verdict should have assessed the value of the barouche and harness as one article, and of the horses separately.</p> <p>Yet where, in an action of replevin, there has been a failure to assess in the verdict the separate value of the articles found, the appellate court, in analogy to the provisions of the statute of amendments, which regulate the verdicts of a similar nature in actions of detinue, remand the case to the circuit court, with instructions to that court to award a writ of inquiry to ascertain such separate values.</p>