References: [1858] EngR 596, (1858) 1 F & F 187, (1858) 175 ER 684
Links: Commonlii
In an action for an excessive distress, with counts for selling without, an appraisement and for less than the value, and for not leaving over the surplus proceeds in the hands of the sheriff, according to the statute , there being no count for not paying the money over to the plaintiff, nor for detaining it an unreasonable time, nor for money had. and received to his use ; and the jury finding that the rent for which the distress was made was due, but that the defendants seized to an unreasonable amount, but that the plaintiff had authorized the defendant to seize and sell the whole ; and the defence being, that the surplus having been paid over to a judgment creditor of the plaintiff’s under a garnishment order for the attachment of the money obtained by the creditor in consequence of an intimation of the distress given to him by the defendant, and the jury finding that this was a juggle, and, under the direction of the Judge, giving a verdict for the plaintiff for the amount of the surpius proceeds ; the postea was afterwards altered by entering a verdict for the plaintiff, with riomrnal damages, on the first count, and for the defendant on tbe others , the payment over to the credttor urider the garnishment order being held to have been a Iegal justification. The Judge having entered the verdict for the plaintiff for nominal damages, the Court discharged cross rules to enter it for the defendant, or for substantial damages.
