Spiers v. . Halstead, Haines Co.
Supreme Court of North Carolina
Civil ActioN for the recovery of damages, tried before Moon,and a jury, at December (Special) Term, 1875, of Halifax Superior Court.
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Civil ActioN for the recovery of damages, tried before Moon,and a jury, at December (Special) Term, 1875, of Halifax Superior Court. The defendants filed a petition setting forth that the plaintiff was a citizen of North Carolina; that all the defendants were citizens of the State of New York ; that the amount in controversy exceeded five hundred dollars ; and prayed the court to order the cause to be transferred to the next Circuit Court of the United States for the Eastern District of North Carolina. The petition was not verified. The plaintiff moved the court for leave to amend the…
1Opinion of the Court
PbaRsoN, C. ■!.
This is an action to recover unliquidated damages, and as in sucb actions the plaintiff cannot have judgment for more than he claims, the general practice is to set out in the complaint a large sum under a videlicet. “ That is to say,” &c. There is no harm done by this mode of pleading, except when the plaintiff asks to hold the defendant to bail, and exaggerates the alleged damage for the purpose of oppression, by forcing the defendant to give excessive bail. For this the law provides a remedy.
In this case nearly the whole amount of the price paid for the goods is claimed as…
2Cited by13 opinions
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- Coal Co. v. . Ice Co.Supreme Court of North Carolina · 1904
- Oldham v. . KerchnerSupreme Court of North Carolina · 1878
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