Ruger v. Bungan

Suit to recover possession of personal property. Answer, that the property did not belong to the plaintiff, but to others, and claiming a return of the property. Issue by replication. Trial by jury; verdict for the defendant, assessing his damages at 100 dollars, and awarding him a return of the property. The verdict did not find the value of the property.

The Court refused a new trial, and that ruling of the *452Court is the only error complained of. The grounds taken by the plaintiff for a new trial were four—

1. Surprise at the testimony of one of his witnesses.

2. Excessive damages.

3. That the…