John McLean

“ The action being brought on a penal bond, under the Maryland practice, it was the province of the jury to assess the damages which the plaintiffs had a right to recover; and the judgment in the replevin suit was given in evidence, to show the amount of damages which the plaintiffs had sustained. This was undoubtedly correct; and it is equally clear, that the defendants had no right to go into any inquiry as to the evidence on which the verdict was rendered. The jury found, in the replevin suit, the amount of rent in arrear, on which the distress was made ”

“ As this plea was clearly bad, the demurrer was very properly sustained by the court. A demurrer being filed, the rule is, that the party who has committed the first fault shall have judgment against him. And on this demurrer, a question is raised as to the sufficiency of the declaration. The breach assigned in the declaration is, that the said Gorman did not prosecute the writ of replevin with effect, nor return the goods and chattels replevied, nor pay to the plaintiffs the damages and costs recovered. ”