Hemmenway v. Hickes
Massachusetts Supreme Judicial Court
Error to the Court of Common Pleas. Joseph Hemmenway and Phineas Hemmenway, the original defendants, were attached to answer to Hickes et al., the original plaintiffs, “ for that the said John and Phinéas, at &c., promised the plaintiffs to pay them, or their order, the sum of one hundred and seven dollars and thirty-two cents, on demand, with interest.
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Error to the Court of Common Pleas. Joseph Hemmenway and Phineas Hemmenway, the original defendants, were attached to answer to Hickes et al., the original plaintiffs, “ for that the said John and Phinéas, at &c., promised the plaintiffs to pay them, or their order, the sum of one hundred and seven dollars and thirty-two cents, on demand, with interest. And also, for that the said John and Phineas, at &c., being indebted to the plaintiffs in the sum of nine dollars and twenty-five cents,” &c. The ad damnum was laid at' 100 dollars. Judgment was rendered upon a default. Among the errors…
1Opinion of the Court
Parker C. J.
delivered the opinion of the Court. By the record it appears, that the judgment of the Court of Common Pleas could not have been appealed from, the damages demanded being not more than 100 dollars ; and so the writ of error cannot be dismissed on that ground. That the court rendered judgment for more than the ad damnum, did not entitle the defendant to appeal therefrom, for it was erroneous ; unless a remittitur entered at the next term after judgment, in the Court of Common Pleas, cured it. And we think it did, for it seems a remittitur may be entered, as well after judgment as…
2Cases cited2 opinions
- Moseley v. JonesSupreme Court of Virginia · 1816
- Beauchamp v. BosworthCourt of Appeals of Kentucky · 1813
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