Burnett v. Maxey
Burnett v. Maxey
Opinion of the Court
In Hardy et al. vs. Gascoignes & Hol
It is difficult to conceive of any course of legal reasoning, which allows the plaintiffs to question the regularity of their own judgment. They were the plaintiffs in execution, in the Circuit court, and if they desired to avail themselves of the benefit of the remedies offered by the statute, they should have shown at the trial, the value of each of the slaves, or if proof was adduced to that point, and the jury, notwithstanding, omitted to declare by their verdict, their respective values, they should have sought a new trial. The presumption is always indulged, unless the reverse appears, that the jury have done their duty, by conforming their verdict to the evidence. There, is nothing .in the record to inform us, that the verdict is not such as the proof required, and the intendment in favor of its correctness, would acquire force, if necessary, from the omission to move the Circuit court for a new trial.
But the plaintiffs cannot be ultimately prejudiced by the generality of the verdict; for if the slaves be not returned to the sheriff, in obedience to the condition of the • bond of the claimant and his sureties, it. will be compe
The judgment qf the Circuit court is afffrmed.
Reference
- Full Case Name
- BURNETT, WILROY & CO. v. MAXEY
- Cited By
- 1 case
- Status
- Published