Delamater v. Borland

1 Cole. & Cai. Cas. 337

• Court: New York Supreme Court
• Decided: February 15, 1804
• Status: Published

Opinion

Per Curiam.

It appears that the plaintiE below declared for one thing, and gave evidence of another totally variant. To this the defendant made an objection, which was overruled. In the next place, the declaration is for ten dollars, and the judgment for fifteen. Both errors áre fatal, and there must be a reversal with costs.

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The multiplicity of cases from the Justices’ Courts will excuse the insertion of the following determination, by which it was decided, that they have no jurisdiction under the joint debt- or act.