HUTCHINS v. McLEAN

In detinue, where no value is laid in the writ of the property sued for, the defendant should demur; he cannot, after a verdict finding the value, move it in arrest of judgment.

By the Court.

The reasons in arrest of judgment cannot avail the defendant. He ought to have demurred for the cause assigned in his reasons in arrest of judgment, but having pleaded an issuable plea, (328) and that being found against him, it is too late, after the verdict, to take the exceptions. This defect being excused by the several acts of the General Assembly for the amendment of the law.

Cited: West v. Ratledge, 15 N.C. 38.