Hook v. Turnbull
Court of Appeals of Virginia
Turnbull brought an action for slander against Hook; and the damages laid in the writ were $ 500, but no damages were laid in the declaration. The jury found $ 1000 damages; and Turnbull had judgment for that sum in the district court. Hook appealed to the court of appeals.
1Opinion of the Court
Tucker, Judge.
In a late case, I had occasion to say, that the writ was part of the record for the purpose of amending by, if necessary: and I think that this is one of the cases where the declaration may be amended by the writ; and, consequently, that $ 500 dollars are to be considered as the damages demanded by the plaintiff.
But the jury have gone beyond that sum, and the plaintiff, instead of releasing the excess, as he might have done at any time during the term, has obtained judgment for the whole. This, I conceive to be an incurable error; for it is a known rule of law, that, in an…
2Cases cited1 opinion
- Clark v. Tacoma Building & Savings Ass'nWashington Supreme Court · 1891
3Cited by7 opinions
- Lee v. SpodenSupreme Court of Virginia · 2015
- Powell v. Sears, Roebuck & Co.Supreme Court of Virginia · 1986
- Hatfield v. Norfolk & Western Ry. Co.Norfolk County Circuit Court · 1995
- Callahan Construction, Inc. v. Hardy Plumbing & Heating Corp.Virginia Circuit Court · 2002
- Godfrey v. HofheimerWinchester County Circuit Court · 1994
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