Geiger v. Henry

Citations

• 44 Fla. 208

Syllabus

<p>'.CLAIM-—JUDGMENT IN—REVERSAL OF FORM OF JUDGMENT WITH DIRECTIONS FOR PROPER JUDGMENT.</p> <p>.1. Under a statutory claim proceeding interposed in an attachment suit, the statute, section 1200 Revised Statutes, pro- ( vides that “upon the verdict of the jury the court shall enter judgment deciding the right of property, and if the verdict is for plaintiff, awarding a recovery by the plaintiff from the defendant and his sureties, of the value (as •fixed by the officer, or as fixed by the jury if fixed by it) of such parts of the property as the jury may have found subject- to execution, and awarding separately such damages as the jury may have awarded, and all costs attend■ing the presentation and trial of the claim.” Under this statute it is error to enter judgment against the claimant ,-and his sureties for an indefinite sum- to be thereafter ascertained by the judgment to be entered in the principal attachment suit.</p> <p>' 2| Where the officer levying a writ of attachment affixes a valuation upon the property levied upon and a claim is interposed to such property and no issue is raised-as to such valuation in the trial of such claim proceeding, and no submission is made to the jury q.nd no finding is made by them as to the value of such property, on a general verdict in favor of the plaintiff in attachment against the claimant for all of the property, a judgment is authorized by the statute against the claimant and his sureties for the amount of the value of such property as fixed by the officer levying the attachment.</p> <p>3. Where an improper judgment is entered upon a proper verdict the appellate court will reverse it with directions for entry of a proper judgment on the verdict.</p>