
    Thompson v. Carbery.
    In replevin, if the title to the goods he in issue, the Court will grant a new trial, if the jury give the defendant a verdict for the value of the goods, as -well as damages for taking them.
    This was a motion for a new trial in an action of replevin, for a female slave, in which there was a verdict for the defendant for 425 dollars damages.
    
      Mr. F. S. Key, for the plaintiff.
    The jury have given the value of the slave in damages; and as there will be judgment for a return of the property the defendant will get twice the value of the slave.
    
      Mr. Jones, contra,
    
    said he had contended for vindictive damages ; and the question is whether these damages are enormous.
   The Court

said it was evident that the jury had given their verdict under a mistake, having given the value of the negro as well as damages; and that as the defendant would have judgment for a return of the property, and a remedy upon the replevin-bond if it should not be .returned, they would grant a new trial, unless the parties would agree upon a compromise. The defendant refused, and a new trial was granted upon payment of all the costs.

(Fitzhugh, J., absent.)  