Barton v. Vanzant

In this case, some of us were of opinion, the scire facias was wrong in its conclusion in praying judgment, as it does of the damages recovered; and there can be no question that prayer is wrong ; hut it appears from the case in 4 East's Rep. 502, that the pica concluded in bar, and prayed judgment, if the plaintiff ought to have and maintain his action. Whereas, it should have been, if the plalntiffought farther to have and maintain his action; the plaintiff replied, and prayed judgment of his damages, &c. To this, there was a special demand, and the Court gave judgment for the defendant ;…