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ORMOND, J. — On an appeal from the judgment of a justice of the peace, when the sum in controversy, (as in this case,) is more than twenty dollars, a declaration or statement of the cause of action, is necessary—(See Roden and others vs. Roland, 1 Stewart’s Rep. 266, and cases there cited.) This has not been done in. this case'; and for that error, as well as for rendering judgment by default final, when the sum was not ascertained, without impanneling a jury to enquire of the damages, — the judgment must be reversed, and the cause remanded.
Document Info
Citation Numbers: 8 Port. 562
Judges: Ormond
Filed Date: 1/15/1839
Precedential Status: Precedential
Modified Date: 7/19/2022