2 That in the absence of any evidence except the levy of the Marshal they are not bound to presence that the property attached was taken from the possession of Plaintiffs or sold, and that the same on the dissolving of the attachment goes back to them, the Jury should only find damage merely for the deterioration of the value of said property, the loss of the benefit, thereof the meantime, & the damages consequent therein and their expenses.
3. That the Jury should not assess the damages in each case pro-rata according to amount but upon the evidence as to each case independently of all considerations.
These instructions were refused because the Jury were only called together to render in form their verdict found at a former day
S.J. Douglas Judge
Bill of Exceptions in both cases
And afterwards towit on the 7[th] day of March 1845 came the defendants by their attorney and filed their Bill of Exceptions, which are signed sealed and ordered to be made a part of the record by the Court Miller et al
Be it remembered that these two cases were tried together by consent and the Jury on the 1[st] of March 1845 in the absence of Plaintiffs Counsel absent on leave, rendered a verdict for $1500 damages