Walker v. Walker
Mississippi Supreme Court
IN ERROR from the circuit court of the county of Madison. Jeremiah Walker brought his action of, assumpsit against John H. Walker and others. In the declaration, the damages were laid at fourteen thousand dollars; in the writ at thirteen thousand dollars. The defendant pleaded the variance in abatement, to which the .plaintiff demurred, and before any decision on the demurrer, obtained leave to amend, by making the damages in the declaration and the writ correspond.
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IN ERROR from the circuit court of the county of Madison. Jeremiah Walker brought his action of, assumpsit against John H. Walker and others. In the declaration, the damages were laid at fourteen thousand dollars; in the writ at thirteen thousand dollars. The defendant pleaded the variance in abatement, to which the .plaintiff demurred, and before any decision on the demurrer, obtained leave to amend, by making the damages in the declaration and the writ correspond. The court then overruled the demurrer, and gave judgment of quod recuperet. The errors assigned are: 1. The judgment should have…
1Opinion of the CourtChief Justice Sharkey
The plaintiff below, defendant in error, laid his damages in the writ at thirteen thousand dollars, and in the declaration at fourteen thousand dollars, for which variance the defendants below pleaded *509in abatement. The plaintiff demurred to the plea, and pending-the demurrer obtained leave to amend by making the damages laid in the writ and declaration correspond; whereúpon the demurrer was overruled, and judgment of quod recuperit was rendered, and this is assigned as error. But the counsel on the other side insists that it was a correct judgment, because the plea, was a nullity, and the…
2Cited by2 opinions
- Nowlin v. City of PearlMississippi Supreme Court · 1978
- Bouker v. RandlesSupreme Court of New Jersey · 1865