North & South St. R. Co v. Crayton

• Decision Date: 14 January 1891
• Citation: 86 Ga. 499,12 S.E. 877
• Court: Georgia Supreme Court
• Parties: North & South St. R. Co. v. Crayton.

12 S.E. 877

86 Ga. 499

North & South St. R. Co.

v.Crayton.

Supreme Court of Georgia.

Jan. 14, 1891.

Arrest op Judgment—Uncertainty op Verdict.

Judgment will not be arrested for uncertainty in the verdict as to amount, where the finding of the jury is for a specific sum "less amount of freight, " and there is no freight involved in the controversy. The superadded words are meaningless, and may be treated as surplusage.

(Syllabus by the Court.)

Errorfrom superiorcourt, Floyd county; Maddox, Judge.

Reece & Denny and Dabney & Fouche, for plaintiffs in error.

Nunnally & Neel, for defendant In error.

Bleckley, C. J. The motion in arrest of judgment was properly overruled. The verdict was in these words: " We, the jury, find for plaintiff eight hundred dollars, ($800.00,) less amount of freight, with interest; also setting up lien, and find property subject set forth in declaration." The words "less amountof freight" are surplusage. There was no freight involved in the issue on trial. Nothing of the sort was mentioned anywhere in the pleadings. The verdict is therefore for $800, less nothing, and this is equivalent to $800 simply. The jury having found no amount by which it is to be diminished, it cannot be diminished at all. Judgment affirmed.