Scott v. Ezra Lunt's Administrator
Supreme Court of the United States
ERROR to the circuit' court of the United States for the county of Alexandria. The plaintiff in error brought an action of covenant on a deed for certain premises in the city of Alexandria, by which the same were-granted to Ezra Lunt, the defendant’s intestate, reserving a yearly rent charge of seventy-three dollars.
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ERROR to the circuit' court of the United States for the county of Alexandria. The plaintiff in error brought an action of covenant on a deed for certain premises in the city of Alexandria, by which the same were-granted to Ezra Lunt, the defendant’s intestate, reserving a yearly rent charge of seventy-three dollars. The declaration stated that the plaintiff became entitled to demand and have of the said Ezra, in his lifetime, and of the defendant after his death, the said annual rent of seventy-three dollars; “and the said plaintiff, in.fact saith, that after the.death of the said Ezra there…
1Opinion of the CourtChief Justice Marshall
Upon an inspection of the record, it appears that the plaintiff claims in his declaration the sum of twelve hundred and forty-one dollars as remaining due to him, and he has laid the ad damnum at one thousand dollars. Under such circumstances, a general verdict having been given against him, the matter in dispute is, in our opinion, the sum which he claims in the ad damnum. The court cannot judicially take notice, that by computation it may possibly be made oút as matter of inference from the declaration, that the plaintiff’s claim, in reality, must be less than one thousand dollars: much…
2Cited by8 opinions
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- De Krafft v. BarneySupreme Court of the United States · 1863
- Interstate Building & Loan Ass'n v. Edgefield Hotel Co.U.S. Circuit Court for the District of South Carolina · 1901
- Olney v. the Steam-Ship FalconSupreme Court of the United States · 1855
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