West v. Whitney
Superior Court of New Hampshire
Writ op error, to reverse a judgment rendered in the court of common pleas, March term, 1852. The only error assigned was, that “judgment was rendered for the said Whitney against the said West and others, for too large a sum in debt or damages, contrary to the law of the land, being rendered for the sum of forty-nine dollars and seven cents damages, whereas judgment should have been rendered, as appears by the records and proceedings aforesaid, that the said Whitney recover…
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Writ op error, to reverse a judgment rendered in the court of common pleas, March term, 1852. The only error assigned was, that “judgment was rendered for the said Whitney against the said West and others, for too large a sum in debt or damages, contrary to the law of the land, being rendered for the sum of forty-nine dollars and seven cents damages, whereas judgment should have been rendered, as appears by the records and proceedings aforesaid, that the said Whitney recover debt or damages the sum of thirty-eight dollars and thirty-five cents only.” A copy of the note, filed in the court…
1Opinion of the CourtBell, J.
By our practice, damages are assessed where the judgment is rendered upon a default by the court, and ordinarily in one of three modes.
Where the damages are merely matter of computation, as in casting the interest upon.a promissory note, the damages are computed by the clerk. In many cases the cast is made by the attorney of the plaintiff, for his own convenience, and submitted to and adopted by the clerk.
Where the damages are uncertain, and their assessment calls for the exercise of judicial discretion, the amount is determined by a jury, in the presence and under the direc*315Son of the court,…
2Cases cited3 opinions
- Campbell v. PattersonSupreme Court of Vermont · 1835
- Ford v. WrightSuperior Court of New Hampshire · 1835
- Whitwell v. AtkinsonMassachusetts Supreme Judicial Court · 1810