Legal Opinion

Harris v. Jaffray ex rel. Gwynn

Court of Appeals of Maryland

Decided May 15, 1815PublishedCited by 7 opinions

Appeal from Baltimore County Court. This was an action of Trover, brought in the late General Court to Qctober term 1796, for the conversion of three boxe3, con»' taming 1S26 pieces of gold coin, commonly called half Johannes, of the value of 64000 current money. The damages laid in the declaration were 65000 like money. The defendant, (now appellant,) at May term 1797, pleaded not guilty, upon which issue was joined.

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Appeal from Baltimore County Court. This was an action of Trover, brought in the late General Court to Qctober term 1796, for the conversion of three boxe3, con»' taming 1S26 pieces of gold coin, commonly called half Johannes, of the value of 64000 current money. The damages laid in the declaration were 65000 like money. The defendant, (now appellant,) at May term 1797, pleaded not guilty, upon which issue was joined. At May term 1798, the defendant filed the following pica, stated tobe a plea puis darrein continuance, viz. “And the said 1). Harris, by Z. llollingworth his attorney, comes and…

1Opinion of the Court

At December term 1811, the opinion of the court was delivered, by

Buokanan, J.

If-a verdict is given for a larger sum than the damages laid in the declaration, the plaintiff may, before judgment, release the excess, and take a judgment for the amount of the damages laid; or if after judgment rendered upon the verdict, but during the same-' term, he-*547tenders a remittitur of a parcel of the verdict, the court may strike out the judgment, on the verdict, and enter a judgment for the amount of the damages charged in the declaration. But if a judgment is entered upon the verdict, no release, or other…

2Cited by7 opinions

  1. Minh-Vu Hoang v. Hewitt Avenue Associates, LLCCourt of Special Appeals of Maryland · 2007
  2. Attrill v. PattersonCourt of Appeals of Maryland · 1882
  3. Falcinelli v. CardasciaCourt of Appeals of Maryland · 1995
  4. Bijou v. Young-BattleCourt of Special Appeals of Maryland · 2009
  5. Carl M. Freeman Associates, Inc. v. MurrayCourt of Special Appeals of Maryland · 1973

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