Maxwell v. Summerville Lumber Co.
Maxwell v. Summerville Lumber Co.
Opinion of the Court
The verdict of the jury in this case was a general verdict and a special verdict, and not a special verdict or one finding in favor of the lien only, and the judgment entered properly followed the verdict. The plaintiff prayed for a general judgment against the defendants for $500.75, and also for a special judgment against the property improved, "giving said petitioner a lien upon said real estate.” The verdict was a general one finding for the plaintiff for the full amount sued for, and was a finding “that the plaintiff's lien as prayed for be set up and established upon the property described in the petition.” This was not a verdict finding in favor of the lien only, as contended by the defendants in their motion to conform the judgment to the verdict, and in their assignment of error in this court. The judgment was a general one against the defendants for the amount sued for, and also declaring that same be set and established as a lien on the described property. The court did not err in refusing to amend the judgment and in dismissing the motion of the defendant. “A verdict may be so amended as to make it conform to the pleadings, if the error shall plainly appear upon the face of the record.” Code, § 110-
The execution was properly levied on any property of the defendants or either of them, and the court did not err in dismissing said motion and in allowing the case to proceed.
Judgments affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.