Case No. 6,584a.

HOGAN v. TAYLOR.

[Hempst. 20.]¹

Superior Court, Territory of Arkansas.

Aug., 1822.

JUDGMENT—AMOUNT CLAIMED.

The judgment cannot exceed the amount claimed in the declaration.

[This was a suit by Edmund F. Hogan against Creed Taylor.]

PER CURIAM. The judgment in this case being rendered for fifty dollars more than the amount claimed in the declaration, is manifestly erroneous, and must be reversed; it being well established, that a greater amount cannot be given than claimed in the declaration. 1 Chit. Pl. 372; Yel. 45; 10 Coke, 117; 3 Com. Dig. tit. “Damages,” E. 3. Reversed.

¹ [Reported by Samuel H. Hempstead, Esq.]

This volume of American Law was transcribed for use on the Internet
through a contribution from Google.