Carr & Co. v. Edwards

Cook, J.,

delivered the. opinion of the Court.

The defendant in error brought his action of assumpsit in the Circuit Court, founded on several promissory notes, and concluded to his damage, $1,000.

Upon the general issue, the Judge found for the plaintiff; the sum of $2,140 69 in damages, and rendered judgment for that amount with costs; to reverse which judgment, this writ of error is prosecuted.

The error assigned is, that the Circuit Court erred in rendering judgment for a greater sum than the damages laid in the declaration.

According to the uniform decisions at common law, if the jury find…