Eaton v. Barnhill

Citations

• 68 Miss. 305

Syllabus

<p>1. Replevin. Verdict. Separate assessment of property. Waiver. Practice.</p> <p>In replevin for two horses the parties agreed that, “if the jury find for plaintiff, any informality in the verdict shall not be regarded.” The jury found for plaintiff, but failed to separately value the horses. Defendants did not object to this in their motion for a new trial or otherwise. Held, they are now precluded from assigning the er'ror.</p> <p>2. Appeals to Circuit Court. Damages; when allowed. Code 1880, § 2354.</p> <p>Code 1880, •§ 2354, allows 10 per cent, damages on appeals to the circuit court only where defendant appeals and the plaintiff again recovers judgment. A plaintiff who is defeated in the justice court, but recovers judgment in the circuit court, is not entitled to the damages.</p>