Scott v. Ezra Lunt's Administrator

31 U.S. 349, 8 L. Ed. 423, 6 Pet. 349, 1832 U.S. LEXIS 480

Opinion

Mr Chief Justice Marshall

delivered the opinion of the Court.

Upon an inspection of the record, it appears that the plaintiff claims in his declaration the sum of twelve hundred and forty-one dollars as remaining due to him, and he has laid the ad damnum at one thousand dollars. Under such circumstances, a general verdict having been given against him, the matter in dispute is, in our opinion, the sum which he claims in the ad damnum. The court cannot judicially take notice, that by computation it may possibly be made oút as matter of inference from the declaration, that the plaintiff’s claim, in reality, must be less than one thousand dollars: much less can it take such notice in a case where tbe plaintiff might be allowed interest on his claim by the jury, so as to swell his claim beyond one thousand dollar’s. The motion to dismiss for want of jurisdiction is overruled.