Stacy v. Mullins

This case presents the single question of whether on appeal of a civil action from the trial justice the plaintiff may in the circuit court, amend his complaint to claim an amount in excess of the jurisdiction of the trial justice.

The facts are simple. Thomas Mullins, herein called plaintiff, on July 25, 1944, caused a warrant in detinue to be issued by the trial justice and served on A. C. Stacy, herein called defendant, for a truck “of the value of $1,000.” On the hearing the trial justice gave judgment to the plaintiff for the truck and the defendant appealed to the circuit court. Upon the…