Geren v. Wright

Court of Appeals of Mississippi

Geren v. Wright

16 Miss. 360

DecidedJanuary 15, 1847

StatusPublished

This text of 16 Miss. 360 (Geren v. Wright) is published on Counsel Stack Legal Research, covering Court of Appeals of Mississippi primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Geren v. Wright, 16 Miss. 360 (Mich. Ct. App. 1847).

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Opinion

Mr. Justice Clayton

delivered the opinion of the court.

It was settled by the court, in the case of Potter v. Prescott, 2 How. 686, that it is erroneous to give judgment in an action of assumpsit for a greater amount of damagesj than is,claimed in the declaration. That case is decisive of the present.

The judgment must be reversed and the cause remanded. We presume, that the court below upon application, will permit the plaintiff to amend his writ and declaration by enlarging the amount of damages claimed.

Judgment reversed and cause remanded.

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Mr. Justice Clayton

delivered the opinion of the court.

It was settled by the court, in the case of Potter v. Prescott, 2 How. 686, that it is erroneous to give judgment in an action of assumpsit for a greater amount of damagesj than is,claimed in the declaration. That case is decisive of the present.

The judgment must be reversed and the cause remanded. We presume, that the court below upon application, will permit the plaintiff to amend his writ and declaration by enlarging the amount of damages claimed.

Judgment reversed and cause remanded.

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Bluebook (online)

16 Miss. 360, Counsel Stack Legal Research, https://law.counselstack.com/opinion/geren-v-wright-missctapp-1847.