Supreme Court of New Jersey, 1807

Cortleyou v. Cortleyou

Cortleyou v. Cortleyou
Supreme Court of New Jersey · Decided November 15, 1807
2 N.J.L. 319

Cortleyou v. Cortleyou

Opinion

ON CERTIORARI.

Judgment for more than the demand, reversed

it appeared from the transcript of the justice, that the plaintiff below, who is the defendant in certiorari, [*] delivered the justice on account for keeping a negro, ยง29.75. The cause was tried by jury, who found for the plaintiff below, $30 โ€” and that the justice rendered judgment for that sum. It was assigned for error, that the justice rendered judgment for a sum exceeding in amount, the demand of the plaintiff*; and for this error, the court reversed the judgment.1

In this case the plaintiff should have remitted the excess, and taken, his judgment for the sum demanded.

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