Billingsley v. Wilckens, Staats & Co.

Boyce, J.,

delivering the opinion of the Court:

The cause of action in this case was stated on the record of the Justice, as follows:—“Action of assumpsit; cause of action for goods sold and delivered; amount demanded, ninety-five and 09-100 dollars.”

On the same day, before the same Justice, the plaintiff brought a second suit against the defendant, and the cause of action in the second suit was stated precisely in the same words except as to amount demanded, which was one hundred and seventy-three dollars and eighteen cents.

Judgment by default was entered in each case, on the fourth day of…