Opinion
Fall Session, 1836.
CERTIORARI to Justice Ringgold.
Bates, for Colescott.
Frame, for Rash.
The action below was in trespass. The summons stated the damages claimed to be twenty dollars. Referees reported in favor of plaintiff below twenty-five dollars, and judgment rendered by the justice for that sum.
The Court reversed both of these judgments, on the ground that the plaintiffs could not legally obtain judgment for a greater amount than was stated in the summons to be claimed from the defendants respectively.