#### Samuel Vines v. Obedience Brownrigg,

J

Where the jury do not respond to all the issues on the record, their verdict is defective, and no judgment can be rendered on it.

Detinue for sundry slaves, to which the Defendant pleaded, 1st, Non detiaet; 2d, a release $ 3d, the statute of limitations. Issue was taken on the two first pleas, and to that of the statute of limitations, the Plaintiff replied a former suit and a nonsuit therein, and that the present action was commenced within a year and a day. On this replication, issue was taken by the Defendant. The cause was tried before his Honor Judge Donneei,, when the jury found " that the Defendant *538 et does detain negroes, &c. (identifying them and fixing « their value); and they further find, that the statuteof “ limitations is no bar, and they assess,” &c. Judgment was rendered according to the verdict, and the Defendant appealed.

Dec. 1830.

Gaston, for the Defendant,

moved in arrest of judgment, because the jury did not respond to the issue joined on the replication to the plea oF the statute of limitations. And upon this point the cause was argued.

Mordecai, for the Plaintiff.

Ruffin, Judge.

The discussion at the bar turned altogether upon the effect of the verdict, as entered on the issue joined on the Plaintiff’s replication to the plea of the statute of limitations. It certainly is very badly expressed, and much as we are disposed to make every inference to support verdicts, we might have found much difficulty in doing so here, were the case depending on that point only. But there is another objection apparent on the record, which was overlooked by the Counsel, and which is decisive, without expressing any opinion on the former. One of the Defendant’s pleas is a release, on which an issue was joined. To that the jury has not made, nor attempted to make, any response. The verdict is therefore so defective, that no judgment can be given, and there must be a venire de novo.

Per Curiam. — Let the judgment be reversed, and a venire facias de novo issue.