Bennett v. Butterworth. 11 H. the value of the four negro slaves in suit, with six and a quarter cents damages." And the record proceeds to state, that thereupon the plaintiff (Butterworth) by his attorney, in open court, released the said judgment for $1,200; and thereupon the court adjudged that he recover of the defendant the four negroes mentioned in his petition, and the six and a quarter cents assessed by the jury, and his costs. It does not appear whether any direction to the jury, as to the law of the case, was asked for by either of the parties, or given by the court; we have nothing but the pleadings, confused and loose as they are, and the verdict and the judgment. Now if any thing is settled in proceedings at law where a jury is impanelled to try the facts, it is, that the verdict must find the matter in issue between the parties, and the judgment of the court must conform to and follow the verdict. But here the matter in issue was the property in these [* 676] negroes, and the verdict does not find that they are the property of the plaintiff or the defendant, but finds for the plaintiff their value, which was not in issue. It ought, therefore, to have been set aside upon the motion of either party, as no judgment could lawfully be entered upon it. It was a verdict for a matter different from that which they were impanelled to try. In the next place, if any judgment could have been rendered on the verdict, it ought to have been a judgment for the money found by the jury. For the trial of facts by a jury would be of very little value, if, upon a verdict for money to a certain amount, the court could infer that the jury intended to find something else, and give a judgment for property instead of money. And lastly, when the plaintiff, in the district court released the $1,200 found by the jury, there was nothing of the verdict remaining, upon which the court could act or give judgment for either party, but the six and a quarter cents damages which the jury found in addition to the value. The judgment is evidently erroneous, and must be reversed. And as these errors are patent upon the record, they are open to revision here, without any motion in arrest of judgment, or exception taken in the district court. 18 H. 60; 20 H. 427, 523; 21 H. 481; 23 H. 484; 1 B. 809; 1 Wal. 592; 3 Wal. 654; 6 Wal. 134. INDEX. ACCORD AND SATISFACTION. PLEADING, 1. 2. ACTION. 1. An action at law will not lie in the circuit court of the United States for Louisiana, 2. A contract to use a patented machine during the continuance of the patent, and to AGENT; CONTRACT; EVIDENCE, 8; FERRY, 3; INSOLVENT; Patent, 3; REVENUE ADMIRALTY. Appeal; Courts of the United States, 12. ADVERSE POSSESSION. Open and notorious adverse possession is evidence of notice of the title under which JOINT TENANTS, &C. AGENT. An action will not lie against an agent of the Cherokee nation to recover the value of FACTOR; INSUrance, 2. ALABAMA. COURTS OF THE UNITED STATES, 27; Damages, 3. ANSWER. An answer, which admits the fact charged in a bill, that land was entered in the name APPEAL. No appeal lies from a decree of a circuit court on an information for the forfeiture of COURTS OF THE UNITED STATES, 9. 12. 13. 15. 21. 22. 24. 25. ARKANSAS. CONSTITUTIONAL LAW, 2-4; PUBLIC LANDS, 3–6. ASSIGNMENT. 1. Certificates of money due at the treasury of the United States, under the treaty 2. An assignee in trust for the benefit of creditors is not a purchaser for valuable con- 3. A question as to priority of title to a judgment, one party claiming under an assign. ASSUMPSIT. AUDITA QUERELA. AVERAGE. 1. If it appeared to the master that his vessel must inevitably be driven on shore, and 2. Where the vessel is voluntarily stranded and lost, but the cargo is saved and sent to 3. If the officers and crew continue to labor for the joint benefit of the adventure in 4. The owners of a vessel are entitled to charge two and one half per cent. upon the BALTIMORE AND PORT DEPOSIT RAILROAD. TAXES, 1. BANK. CONSTITUTIONAL LAW, 2-4. BANKRUPT. A decree in bankruptcy in the district court of the United States for Louisiana, did BILLS OF EXCHANGE AND PROMISSORY NOTES. 1. If the drawer of a bill puts it in circulation, bearing a forged indorsement of the 2. The bonâ fide indorsee of a negotiable note is not barred from recovering thereon 3. Demand on the maker of a note, payable at a bank, need not be averred or proved; 5. After due diligence has been used, and notice sent accordingly, the holder is not ASSIGNMENT, 1; DAMAGES, 3; INSOLVENT. BLOCKADE. INTERNATIONAL LAW, 2. BONA FIDE PURCHASER. EQUITY, 7. 1. A collector of the customs cannot exempt himself from a charge by showing that 2. If cancelled treasury notes are stolen from him, he is liable, on his bond, for any ac- PLEADING, 1-3; POST-OFFICE, &c. 3. |