Harris v. Osenback

Suit upon a note. Judgment for plaintiff, by default, for 148 dollars, 25 cents.

The errors assigned are, that the judgment is for 21 dollars, 78 cents too much; and that the complaint does not appear to have been subscribed by either the plaintiff or his attorney, as required by the statute. 2 R. S. p. 43.

The plaintiff offers, in this Court, to remit the excess for which judgment was taken. The failure to subscribe the complaint is such a merely formal or clerical error as the plaintiff should have been permitted to amend, when pointed out in the Court below, and will be considered as amended…