Tuttle v. Maston
New York Supreme Court
In error on certiorari. It was specially assigned and relied upon, as error in this case, that the declaratión before the justice contained two counts, in which the plaintiff below stated two several causes of action, on different days, and each of them to the value of 10 pounds, and it was . contended that as the sums demanded in the two counts exceeded the1 value of 10 pounds, the justice had no jurisdiction, it being limited in amount to that sum.
1Per curiam
The plaintiff below concluded, by demanding the sum of 10 pounds only. Iii general, when the action sounds in damages, the sunns alleged' in the different counts of the declaration, are not material, and may be arbitrary, Notwithstanding the limitation in a justice’s court, there can be no error, if the damages, in the aggregate, do not exceed the sum of 80 pounds, to which the jurisdiction of thát court extends, provided the balance claimed be 10 pounds, or under. We are, therefore, of opinion, that the exception is not well taken.(a)
Judgment affirmed.
Cahill v. Dolph, infra, 333. Stillson v.…
2Cited by1 opinion
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