Marquard

After the charge of the Court had been given, the record proceeds as follows: “ The jury retired, and after due deliberation returned into Court, and on the 10th day of March, 1876, rendered a verdict in writing, signed by their foreman, whereby they found for the plaintiff the sum of three thousand five hundred dollars in gold coin, which verdict was thereupon read to the jury by the Clerk of said Court.

“Whereupon, the jury, being instructed by the Court that a verdict could not be rendered in gold coin, again retired and returned into Court again and rendered a verdict for the plaintiff for the sum of three thousand nine hundred and seventy-seven dollars in United States currency. « To which verdict the counsel for the defendants excepted.”

The Court below erred in not receiving the verdict as first *446 rendered, and this error operated a substantial injury to the appellants ; for upon their further deliberation the jury increased the amount found for the plaintiff some four hundred and seventy-seven dollars. It was of no legal consequence in this action that the verdict, as first returned, specified the amount found as “ gold coin,” for the complaint had not demanded gold…