Welch v. Karstens

This was a suit before a justice of the peace, and no defense made. The plaintiff recovered a judgment for the full amount endorsed on the summons. The defendant appealed to the circuit court. A trial was there had, and a judgment rendered against the defendant for'the amount of plaintiff’s claim, with the addition of interest thereon, and ten per cent damages.

Appellant complains that the amount so found exceeds the amount endorsed on the summons, and vitiates the judgment. This objection has no force.

By the act of 1845, It. S. 319, sec. 28, the justice trying the cause had a right to allow…