Grether v. Klock
Supreme Court of Connecticut
Indebitatus Assumpsit on the common counts; brought to the Court of Common Pleas, and tried on the general issue closed to the court, before Pardee, J. The damages, as originally laid in the ad damnum clause of the declaration, were $180, which by special leave of court were upon the trial raised to $300. No bill of particulars was asked for by the defendant, or ordered by the court, but the plaintiffs, on the day of trial, voluntarily produced a bill of items of their…
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Indebitatus Assumpsit on the common counts; brought to the Court of Common Pleas, and tried on the general issue closed to the court, before Pardee, J. The damages, as originally laid in the ad damnum clause of the declaration, were $180, which by special leave of court were upon the trial raised to $300. No bill of particulars was asked for by the defendant, or ordered by the court, but the plaintiffs, on the day of trial, voluntarily produced a bill of items of their account against the defendant, purporting to be an exact transcript of their books, which were also produced in court. This…
1Opinion of the CourtSeymour, J.
The plaintiffs brought to the Court of Common Pleas their action of indebitatus assumpsit on the common counts, demanding $180 damages and costs.
In cases of this kind jurisdiction generally depends upon the amount demanded as damages, that being regarded as the matter in demand within the meaning of the statute. The plaintiffs having demanded less than $500 and more than $100, the Court of Common Pleas had undoubted jurisdiction of the case. But if it appear on the face of the declaration, either as originally drawn, or as afterward amended, that the plaintiff cannot recover all the damages…
2Cited by6 opinions
- Carten v. CartenSupreme Court of Connecticut · 1966
- Atlantic Refining Co. v. SchoenSupreme Court of Connecticut · 1934
- Prince v. TakashSupreme Court of Connecticut · 1903
- Holmquist v. SpinelliSupreme Court of Connecticut · 1953
- Sullivan v. VailSupreme Court of Connecticut · 1875
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