44 So. 573 | Ala. | 1907
Lead Opinion
The action is trover, and the jury returned, and the judgment was rendered on, the following verdict: “We, the jury, find for the plaintiff for the calico pacing mare valued at $40, and assess $10 -damages for the detention and use thereof.” The assessing of damages for the detention and use was erroneous, -and
In trover ordinarily the measure of damages is the value of the chattel at any time between the conversion and the time of trial. Such being the rule in ordinary cases, this verdict must be read under its influence, and all reasonable intendments and a reasonable construction are to be given it. — 39 Am. & Eng. Ency. Law, pp. 1022, 1023, and notes. Observing these considerations, the verdict must be taken as finding for the plaintiff on the issues of conversion vel non, and that the damages attending that finding are the value of the animal in suit; the term “valued” being indicative of the purpose and conclusion of the jury to assess $40 as the damages to which the successful plaintiff was entitled.' — Peters v. Johnson, Minor, 100; Moody v. Keener, supra.
The judgment is corrected, in so far as damages are assessed for detention and use, and, as corrected, is affirmed.
Corrected and affirmed.
Dissenting Opinion
(dissenting). — It is elementary that a. verdict must respond to the issue, or it will be bad, and no judgment can be rendered on it. The gist of the action of trover is a. wrongful conversion, -while that in detinue is unlawful detention. The verdict in this case is clearly one properly to be rendered in detinue. Can it
The purpose of this quotation is to show the rule of construction of verdicts, rather than the applicability of the facts to the case in hand. In Moody v. Keener, cited in the opinion of my Brothers as supporting their conclusion, the complaint against defendant was negligence, and the issue Avas found on that alone. The jury, instead of finding the issue, returned a verdict “that defendant did undertake and assume upon himself in manner and form as plaintiff had complained against him, and they (the jury) assessed plaintiff’s damages, by occasion of the defendant’s nonperformance of the said undertakings and assumptions, at,” etc. This court said: “Now, can we conclude the point in issue out of this finding? We cannot, Avithout saying that we will presume the fact, from the mere circumstance that a trial has been had and a verdict returned. The point in issue Avas the negligence of the defendant, and this we cannot gather from the words of the verdict.” The court
In Clay v. State, 43 Ala. 350, the defendant was indicted for obtaining money by false pretense's. The ver
Not one of the cases cited by mv Brothers support, their reasoning or conclusion. We have already called attention to the case of Moody v. Keener, and will now review the others cited by them. The case of Peters v. J ohnson is entirely in accord with the cases upon which I rely. In that case the action was trover, and the verdict was general. It was in these words,: “We, the jury, find for the plaintiff the sum of $583.” It only needed the words “and assess their damages at” to be inserted between the word “plaintiffs” and the word “the” to have been in common form. In the case of Tatum v. Manning the sufficiency of the verdict was not in question. In that volume of the Reports (9 Ala., at page 607) is the case of Crommelin v. Minter, in which the verdict was held void for uncertainty and would not support the judgment.
The question here involved is not a technical one, but is of the utmost importance to litigants. “It would be ruinous, in many cases, to allow the rights of parties to-be concluded by such verdicts.” — Traun v. Wittick, supra. In my opinion the cases cited and quoted from conclude the question in hand, and demonstrate that the verdict under consideration was void, and therefore would not support the judgment, in that it failed to-respond to the vital issue presented by the pleadings.