Johnson v. Clutter Music House

Citations

• 55 Fla. 385

Syllabus

<p>1. The action of replevin is hot brought for the purpose of recovering the amount which might be found to be due from the defendant to the plaintifE on account, but to recover the property in dispute.</p> <p>2. In an action of replevin, where the goods have been re-delivered to the defendant upon his forthcoming bond, a verdict in the following form, “we the jury find a verdict in favor of the plaintiff in the sum of one hundred and twenty-six dollars and seventy cents” is fatally defective and is insufficient to support a judgment entered thereon.</p> <p>3. The language of paragraph 2 of section 2188 of the General Statutes of 1906 relating to the judgment in an action of replevin, where the goods have been re-delivered to the defendant upon his forthcoming bond, is mandatory, and a judgment is fatally defective which is not entered in substantial compliance with its requirements.</p>