JUDGMENT ON VERDICT. A judgment on a verdict virtually overrules all demurrers to the declaration; Fleming Oil & Gas Co. v. Oil Co., 37 W. Va. 645, 17 S. E. 203. The form of such verdicts varies according to the action and frequently also with the char acter in which a party sues or is sued.
In account, judgment for the plaintiff is interlocutory in the first instance, that the defendant do account, quod computet; Kitch en v. Strawbridge, 4 Wash. C. C. 84, Fed. Cas. No. 7,854.
In assumpsit, judgment for the plaintiff is that he recover the damages assessed by the jury, and full costs of suit ; 1 Chitty, Pl. 100. Judgment for the defendant is that he recov er his costs. For the form, see Tidd, Pr. Forms 165.
In case, trover, and trespass, the judgment is the same in substance, and differs but slightly in form from that of assumpsit; 1 Chitty, Pl. 100, 147.
A judgment in trover passes title to the goods in question ; Mitchell v. Shaw, 53 Mo. App. 652 ; Griel v. Pollak, 105 Ala. 249, 16 South. 704; but only where the value of the thing converted is included in the judgment ; 5 H. & N. 288; and it is held that an un satisfied judgment does not pass the proper ty; L. R. 6 C. P. 584; Lovejoy v. Murray, 3 Wall. (U. S.) 1, 16, 18 L. Ed. 129; Pryor v. Cattle Co., 6 N. M. 44, 27 Pac. 327. In a somewhat analogous case it was held that a judgment for the value of horses lost to the owner by negligence of the defendant, of itself passes title to the horses to the defend ant becoming liable for their value; St. Louis, A. & T. Ry. Co. v. McKinsey, 78 Tex. 298, 14 S. W. 645, 22 Am. St. Rep. 54. See Floyd v. Browne, 1 Rawle (Pa.) 121, 18 Am. Dec. 602. Where personal property had been sold and partly paid for, title being retained by the vendor, and he recovered in trover both the property and instalments due, on appeal it was directed that the judg ment be discharged on payment within a time limited of purchase money, interest, and cost, • otherwise the original judgment below to stand of full force ; Morton v.
Frick Co., 87 Ga. 230, 13 S. E. 463.
In covenant, judgment for the plaintiff is that he recover the amount of his damages as found which he has sustained by reason of the breach or breaches of the defendant's covenant, together with costs of suit ; 1 Chit ty, Pl. 116. Judgment for defendant is for costs.
In debt, judgment for the plaintiff is that he recover his debt, and in general damages for the detention thereof ; and in cases under the 8th & 9th Will. III. c. 11, for successive breaches of a bond condition ed for the performance of a covenant, it is also awarded that he have execution for such damages, and likewise full costs of suit; 1 Chitty, Pl. 108. But in some penal and other actions the plaintiff does not al ways recover costs ; Esp. Pen. Act. 154; Hull, Costs 200; Bull. N. P. 333; Clark v. Dewey, 5 Johns. (N. Y.) 251. Judgment for defend ant is generally for costs ; but in certain penal actions neither party can recover costs; Clark v. Dewey,. 5 Johns. (N. Y.) 251. See Tidd, Pr. Forms 176.
In detime, judgment for the plaintiff is in the alternative that he recover the goods or the value thereof if he cannot have the goods themselves, with damages for the de tention, and costs; 1 Chitty, Pl. 121, 122 ; Thompson v. Musser, 1 Dall. (Pa.) 458, 1 L. Ed. 222. See Tidd, Pr. Forms 187. , If judgment in any of the above personal actions is against the defendant in the char acter of executor, it confines the liability, of the defendant for the debt or damages to the amount of assets of the testator in his hands, but leaves him personally liable for costs. See the form, Tidd, Pr. Forms 168. If the executor defendant has pleaded plene admimistravit, judgment against him confines his liability to such amount of the assets as shall hereafter come to his hands. See the form, Tidd, Pr. Forms 174. A gener al judgment for costs against an adminis trator plaintiff is against the estate only.