Singleton v. Kennedy, 1 N.C. 520, 1 Cam. & Nor. 520 (1804)

June 1804 · North Carolina Court of Conference

1 N.C. 520, 1 Cam. & Nor. 520

Richard Singleton vs. Thomas Kennedy.

Writ of Error to Morgan Superior Court, to reverse a judgment obtained in an action of covenant, by the present defendant against the plaintiff in error, in Burke County Court. The only error of consequence assigned, was, “ That " there is a material variance between the ver- “ dict of the jury and the writ; the verdict and " judgment being for £ 102 5 o, besides the “ costs of suit, and the damages in the writ being " laid at £ 50, only.”

Hall. Judge.

-I think the error assigned in the proceeding below, is such, that the judgment thereupon given must be reversed; unless the defendant in error think proper to enter a remission of the excels above the sum laid in the writ, and also to pay the costs of the writ of error. 1 H. Bl. Rep. 643.

By the Court.—Leave is given the plaintiff below to amend, by remitting all the damages in the verdict, except the sum mentioned in the writ, on paying costs of the writ of error—otherwise, the judgment to be reversed in toto, with costs.