Opinion
03-22-1817
Tennant's Executor v. Gray
This was an action of debt upon a Bond, dated July 3d, 1789, for 1501. 9s. 9d. to be discharged by the payment of 761. 4s. 10 1/2d. on demand. The Writ was issued on the 24th day of March, 1806, returnable to the District Court of Fredericksburg. The damages stated in the Writ were 201. The declaration was in the usual form, but leaving the damages blank.
On the 17th of October, 1815, a Verdict was found for the plaintiff, for the debt in the declaration mentioned, and 221. 17s. 0d. in damages. Judgment was entered " for 1501. 9s. 9d. the debt in the declaration mentioned, together with the damages aforesaid in form aforesaid assessed, and Costs; to be discharged by the payment of 761. 4s. 10 1/2d. with interest thereon, after the rate of five per centum per annum, to be computed from the 3d day of July, 1789, 'till paid, and the Costs and damages aforesaid."
The defendant obtained a Writ of Supersedeas from a Judge of this Court.
Judgment reversed and cause remanded.
The President pronounced the Court's opinion.
OPINION
March 22d, 1817, the President pronounced the Court's opinion, that the Judgment was erroneous, in this, that it gave damages exceeding those laid in the Writ; and also in this, that, as the principal and interest exceeded the penalty of the Bond, the Judgment ought to have been for the penalty, and damages, not exceeding those in the Writ.
Judgment reversed; Verdict set aside; and cause remanded for a new trial, to be had therein, unless the plaintiff would release the excess of damages beyond those laid in the Writ; in which event, Judgment was directed to be entered for the debt in the declaration mentioned, and the residue of said damages and costs.