
    Butler v. Parks.
    April Term, 1792.
    Slaves — Detinue—Verdict — Validity — Case at Bar. — In detinue to five slaves, if the j ury find for the plaintiff as to four of them, without also finding for the plaintiff or defendant, as to the fifth, the verdict will be set aside, and a Venire facias de novo awarded.
    This was an action of detinue, in the County Court, for five negroes; and a verdict was rendered for four, without finding, either for plaintiff or defendant, as to the fifth. The judgment of the County Court •was reversed in the District Court; from which the plaintiff below appealed to this court.
    Marshall for the appellee contended, that only part of the issue having been found, the whole verdict must be set aside. He cited Co. Lit. 227. 3 Leo. 83. Hard. 166.
   By the Court.

The judgment of the County Court is certainly erroneous, in not finding the whole issue. The jury should have found that the defendant did, or did not, detain the fifth slave. This is exactly like the case of Custice and Posey in the old General Court; which was an action of detinue for three cows, and the jury having only found a verdict as to two, the verdict was set aside. But the judgment of the District Court, in this case is also erroneous, in not awarding a Venire facias de novo.

Both judgments therefore must be reversed, and the cause remanded to the Countjr Court, to be tried anew.  