Citation Numbers: 166 A. 729, 111 N.J.L. 132
Judges: The opinion of the court was delivered by CASE, J.
Filed Date: 6/17/1933
Status: Precedential
Modified Date: 1/12/2023
The appeal is from a judgment entered in the First District Court of the city of Newark upon a jury verdict.
The defendant has specified nine determinations wherein error is alleged. The first, second, third, fourth, eighth and ninth relate to alleged error said to have been committed during the course of the trial. The record shows no exceptions, and these matters are therefore not properly before us.
The fifth specification is that the trial court erroneously moulded the verdict. The record in that respect reads thus: "The jury's verdict was: `Under the evidence before the jury we find for the plaintiff in the full amount for the sum of $461.60, plus interest.' Upon that verdict the court entered judgment for $500 and the defendant's attorney entered his objection." The defendant did not at the time specify the grounds upon which his objection was made, but now urges that the action of the judge was objectionable because the *Page 133 latter had no right to compute the interest on the $461.60. We shall assume that the alleged error was properly excepted to.
The defendant does not dispute that the plaintiff, if he prevailed, was entitled to interest on his claim, or that the interest, properly calculated, would amount to more than the sum of $38.40, or that the plaintiff, in his state of demand, had waived the excess above the District Court jurisdiction. The only question presented hereon is that the jury should have calculated the amount of the interest. It was said by the Court of Errors and Appeals in Kilgus v. Wayne Co.,
The sixth and seventh specifications complain of remarks made by the court in its charge. The determination of the *Page 134 facts was left entirely to the jury, and no erroneous statement of law was embraced within the matter excepted to. We find that the remarks complained of were within the proper field of court comment.
The judgment below will be affirmed, with costs.