Stirling v. Garritee

Goi,dsuorough, J., delivered the opinion of this court. The appeal, in this case, was taken from an order of the Superior court of Baltimore city, overruling a motion made by the appellants for an arrest of judgment on the verdict in favour of the appellee. The appellants have assigned several ⁴⁷⁴ reasons in support of the motion. The only one upon which it. is material for us to express our opinion, is the alleged insufficiency of the declaration.

Whatever view may be taken of the Act of 1856, ch. 112, under the provisions of which the appellee prosecuted this - suit, the precedent adopted by him, if it have any distinctive, character, must be in the nature either of trover or detinue. If in the former, the judgment cannot be supported, as no damages - are laid in the declaration for the injury complained of. The1 measure of damages in trover, is the value of the goods at the time of conversion. The plaintiff obtaining this value, it operates as a transfer of the title from the time of conversion. 5 H. & J., 211 .

In this case, the appellee claims, by his declaration, damages for the detention of-the property, and not for the conversion of it. And he claims also a return of the property or its value. When a declaration seeks, in. addition to legitimate-damages, other damages which the form-of action does not permit, and (here be a general assessment, the judgment should be arrested. 2 Wms. Saunders, 169, 171, and notes.

If this action be regarded in the nature