Legal Opinion

Davenport v. Bradley

Supreme Court of Connecticut

Decided July 15, 1822PublishedCited by 9 opinions

This was an action of ejectment, brought by Bradley against Davenport, demanding 300 dollars damages. The defendant was defaulted; and was afterwards heard in damages. The court assessed the damages at 600 dollars; and rendered judgment for that sum against the defendant. To reverse that judgment the present writ of error was brought.

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This was an action of ejectment, brought by Bradley against Davenport, demanding 300 dollars damages. The defendant was defaulted; and was afterwards heard in damages. The court assessed the damages at 600 dollars; and rendered judgment for that sum against the defendant. To reverse that judgment the present writ of error was brought. The defendant in error pleaded, That the said judgment ought not to be reversed, because immediately after the rendering of said judgment he, on the files and record of said cause, remitted the sum of 300 dollars, being part of the damages assessed in said…

1Opinion of the Court

Hosmer, Ch. J.

In personal actions, the plaintiff can recover no more than he has demanded; and the judgment below is undoubtedly erroneous. A remittitur of the surplus beyond the demand, cannot be made after judgment; nor in a term subsequent to that, in which the judgment was entered. 2 Tidd's Prac. 806. Wray v. Leister, 2 Stra. 1110. Chevely v. Morris, 2 Bla. Rep. 1300.

The judgment below must be reversed; and according to the established practice of this court, in similar cases, the cause remanded, that the damages may be legally assessed. The reversal will not open the cause below, beyond…

2Cases cited1 opinion

  1. Gleason v. ChesterSupreme Court of Connecticut · 1803

3Cited by9 opinions

  1. Marshal v. Dalton Paper MillsSupreme Court of Vermont · 1909
  2. Smith v. WhittleseySupreme Court of Connecticut · 1906
  3. Brunetto v. Royal Exchange Assurance Co.Supreme Court of Connecticut · 1940
  4. Delia v. CaprioSupreme Court of Connecticut · 1906
  5. Knott Bros. v. Jefferson Street Ferry Co.Oregon Supreme Court · 1881

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