Wells v. Mathews

Opinion per Curiam.

This was an action on assumpsit to recover on a promissory note for $200. The declaration contained a special count on the note and the common counts. The praecipe and declaration laid the damages at $500, while the writ only demanded $200. The summons was issued December 20, 1895, and served December 27, 1895. On January 8, 1896, the defendants filed the plea of the general issue. On January 27, 1896, the court, without noticing the plea, had the defendants called and defaulted, and, without the intervention of a jury, assessed the plaintiff’s damages at $221.55, and…