Swift v. Woods

Woods sued Swift in an action of assumpsit before a justice of the peace. The writ was for an amount not exceeding 100 dollars ; without any indorsement of the particular sum demanded.

The declaration contains three counts. There is a separate claim of 50 dollars in each count for the defendant’s breaches of contract, &c.

The general issue was pleaded, and two special pleas in bar. Verdict and judgment in favour of the plaintiff for 40 dollars. The defendant appealed.

In the Circuit Court, the defendant moved to dismiss the suit on two grounds : — first, because the precise sum demanded was not…