Shiflet v. Dowell

Citations

• 90 Va. 745
• 19 S.E. 848
• 1894 Va. LEXIS 57

Syllabus

<p>1. Ejectment — Verdict—Alteration.—In action of ejectment jury found verdict for plaintiff for all the land claimed in his declaration. Judgment was entered thereon and the jury discharged. Defendant moved for a new trial. The court entered an order declaring it would grant a new trial unless plaintiff abated the verdict and took judgment for part of the land. Plaintiff abated as required : Held : The court had no power to make the order.</p> <p>2. Idem — Statutory provision.- — In suits for money it is the practice of the trial courts to put plaintiff on terms to abate merely excessive amounts found by the jury, but not so in ejectment because of Code, § 2746, prescribing what the verdict for land shall be.</p>