Fairfax's Executor v. Ann Fairfax

ERROR to the circuit court for the district of Columbia, sitting at Alexandria, in an action of assumpsit brought by the defendant in error against the plaintiff in error, as executor. Upon the issues of non assumpsit and plene administravit, the jury found a general verdict, which was recorded in this form: 'We of the jury find the issues for the plaintiff, and assess the damages to two hundred and twenty dollars and ninety-five cents.' Upon which verdict the judgment of the court was 'that the plaintiff recover against the defendant her damages aforesaid in form aforesaid assessed, and also her costs by her about her suit in this behalf expended, to be levied of the goods and chattels of the said Bryan Fairfax, deceased, at the time of his death, in the hands of the said defendant to be administered, if so much, &c. but if he hath not so much, then the costs aforesaid to be levied of the proper goods and chattels of the said defendant; and the said defendant in mercy,' &c.