54 Ark. 165 | Ark. | 1891
In this action plaintiff had a legal right to have the cotton attached in a former suit held until it was released according to law. He claimed a lien on it as a security for the payment of his debt, and caused it to be seized in that suit for the purpose of having his alleged lien foreclosed. As to the existence, validity and extent of that lien, he was entitled to the judgment of the court in the action brought by him. He was entitled to have the cotton held for that purpose. The surrender of it upon the demand of a claimant was a wrong done to him, for which the defendants in this action are liable for nominal damages, it having been shown that no actual injury was sustained. Sedgwick on the Measure of Damages (6th ed.), pp. 50-51, 633-642; Rich v. Bell, 16 Mass., 294; Brown v. Richmond, 27 Vt., 583; Dow v. Humbert, 91 U. S., 294.
But this court will not remand a cause for new trial when it is apparent that the appellant cannot recover more than nominal damages. Buckner v. Railway, 53 Ark., 16 ; 3 Graham and Waterman on New Trials, 1356; Robertson v. Gentry, 2 Bibb, 542; Haven v. Beidler Mfg. Co., 40 Mich., 286.