
    STRAFFORD, FEBRUARY TERM, 1809.
    Timothy Dame v. Peter Twombly, Defendant in Review.
    A defendant, who filed a set-off, had,a verdict for a balance of $2.36. He remitted $2.26, and took judgment for 10 cents. Upon review, brought by the original plaintiff, the defendant had a verdict for $4.50.
    
      Held, that the remittitur in the original action did not bind defendant, so that he could not recover more oh. the review; and that he was entitled to execution for $4.40.
    This was assumpsit on account annexed to writ.
    Defendant pleaded non-assumpsit, and set-off.
    At the former trial, February Term, 1808, jury gave defendant, Twombly, balance, $2.36. He remitted $2.26, and took judgment for 10 cents, and costs.
    [The original plaintiff, Dame, then brought this review.]
    At this Term, jury gave defendant balance, $4.50.
   Per Curiam.

Twombly must now have execution for $4.40, and costs of review. He is not bound by the remittitur at February, 1808, so that the jury could not give him more. Of the sum they have now given him, he has received 10 cents only; that must be deducted. The only effect of the remittitur was, that the verdict, instead of being for defendant, $2.36, stood 10 cents.

Execution awarded accordingly.  