PLEADINGS, PRACTICE AND PROCESS AT LAW 2853

to accept the value of the chattels as ascertained by the judgment in lieu of
such return or delivery, but nothing herein contained shall prevent the
party entitled to such judgment from having his execution besides for the
damages, if any, given for the detention and his costs, and every judgment
in detinue and replevin, and every verdict therein shall ascertain sepa-
rately the value of the goods and chattels and the damages, if any, for
their detention.

In action against four defendants to recover shares of stock, or their value, or
damages for detention, declaration was in form one of, detinue, while only one of
defendants (Bank Commissioner, as receiver) was in possession of stock, hence judg-
ment against others could be for damages only; action for detinue cannot be joined
with one for damages, but point not raised in lower court. Mylander v. Page, 162
Md. 255.

Although the verdict as originally rendered is erroneous under last clause of this
section, if it is properly corrected by jury before its record, error is cured. Farmers'
Packing Co. v. Brown, 87 Md. 13.

Under this section, a verdict "in favor of the defendant for the return of the property
replevied and one cent damages and costs" is erroneous. How such irregularity should
be raised. Standard Co. v. O'Brien, 88 Md. 336.

A case remanded on account of the failure to comply with last clause of this section,
in order that property might be valued, and judgment entered in accordance with this
section. B. & O. R. R. Co. v. Rueter, 114 Md. 698. Cf. Passapal v. Oehring, 141 Md. 65.

An. Code, 1924, sec. 129. 1912, sec. 120. 1904, sec. 118. 1904, ch. 26, sec. 111A.

129. Prom and after March 9, 1904, all bonds given by the plaintiff
in any action of replevin hereafter instituted in any of the courts of law
shall be given to the State of Maryland, and such bonds shall be for the
use of any person interested in any way in the property taken under the
suit of replevin; and any person having any interest in or right to such
property may upon a breach of the condition of such bond maintain an
action on such bond in the name of the State fpr the use of such person
so having an interest in or right to such property.

See notes to sec. 125.

Reservation of Points for Court in Banc.

An. Code, 1924, sec. 130. 1912, sec. 121. 1904, sec. 119. 1888, sec. 112. 1868, ch. 441, sec. 1.

130. When at the trial of any cause any party to such cause shall re-
quire any point or question decided by the court to be reserved for the
consideration of the court in banc, and either of the judges of the said
court shall be disqualified to sit in such cause, then it shall be lawful for
the party at whose instance the point or question shall be reserved, to elect
to have such point or question decided by the remaining judges or judge
who may be qualified to sit in such cause, or to have the cause removed
to some other court of a different circuit for the decision of the judges
thereof, or of such of said judges who may be qualified to sit in such
cause in banc, or to take an appeal to the court of appeals; and if such
party or his counsel shall fail to make and file such election in writing
within thirty days after the announcement of such disqualification, or
within thirty days after the trial of the cause, in case such announcement
shall have been made before the trial, then such point or question shall be
decided by the remaining judges or judge, who may be qualified to sit in
such cause; provided, that every point or question reserved upon a motion
for a new trial shall be decided by the remaining judge or judge who may
be qualified to sit in such cause.