Heidelbach v. Batory

Miller, J., delivered the opinion of the Court. In this case Thorner and Heidelbach, brought an action of debt against Batory and Jackson, upon a judgment recovered by the plaintiffs against the defendants in the State of Tennessee. Batory was summoned and Jackson returned non est. The first count of the declaration is upon an absolute judgment for a certain sum of money.

Nul tiel record was pleaded to this count, and on production of the record of the judgment sued on this plea was very properly sustained. A similar plea to the second count was overruled, and under instruction from the Court the jury rendered a verdict in favor of the plaintiffs for $2039.96. Subsequently on motion of the defendant, the Court arrested judgment on this verdict and the plaintiffs have appealed. The record of the Tennessee judgment shows that Batory obtained a writ of replevin for certain goods in the possession of Thorner & Heidelbach, which he claimed as ⁵⁹⁹ Ms, and Jackson became his surety on the replevin bond.

Under the writ, the goods were taken by the sheriff and delivered to Batory, who then filed a declaration against the defendants “ for the goods ” (specifying them,) “which he says the defendants wrongfully detained from him,” and “for $2000 damages for the detention thereof.” The defendants pleaded not guilty. The plaintiff failing to prosecute the suit, a judgment by default (as it is termed,) was rendered against him by which the Court adjudged, “ that the defendants recover of the plaintiff their damages occasioned by the unalwful seizure and detention of the property in the pleadings mentioned,” and under a writ of inquiry to assess these damages, the jury found and assessed “ the defendants’ damages for the detention of the goods in the declaration mentioned, from them by the plaintiff to $161.10, and they find the value of said goods to be $1283.” Upon this verdict the Court gave judgment “that the plaintiff return said goods to the defendants, and if he fail io do so, that the defendants recover of the plaintiff and H. O. Jackson, his security in the replevin bond given in this cause, the value of the goods as found by the jury,” and further, “that the defendants recover of the plaintiff' and his surety, H. C. Jackson, the sum of $161.10 damages for the detention thereof, and also the costs of this suit, for which execution