Hall v. Hall
Massachusetts Supreme Judicial Court
Contract for money had and received. Writ in the Second District Court of Bristol dated August 4,1905. On appeal to the Superior Court, a motion was therein filed and allowed by Bell, J., increasing the ad damnum of the writ from $1,000 to $2,000, and the defendant appealed. Other facts are stated in the opinion.
1Opinion of the CourtMorton, J.
This action was brought in the Second District Court of Bristol, the jurisdiction of which is limited to $1,000. The ad damnum of the writ originally was $500 and the declaration, which was for money had and received, alleged that the defendant owed the plaintiff $400. Subsequently the plaintiff was allowed in that court to amend her writ by making the ad damnum *195$1,000 instead of $500 and to amend her declaration by substituting $1,000 for $100. Judgment was rendered in the District Court in favor of the plaintiff for the sum of $379.60 and costs of suit, and the defendant appealed therefrom.…
2Cases cited7 opinions
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- Fisk v. CushmanMassachusetts Supreme Judicial Court · 1850
- Jackson v. CovertNew York Supreme Court · 1830
- Dressler v. DavisWisconsin Supreme Court · 1860
- Hare v. MarshWisconsin Supreme Court · 1884
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3Cited by14 opinions
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- Poorvu v. WeisbergMassachusetts Supreme Judicial Court · 1934
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