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Rash v. Holliday

2 Del. 138 2 Harr. 138 Court Del. Super. Ct. English

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p. 138
DARLING RASH vs. EDWARD HOLLIDAY.

Headnote

Certiorari to Justice Ringgold.
The action below was in trespass. The summons stated the damages claimed to be twenty dollars. Referees reported in favor of plaintiff below twenty-five dollars, and judgment rendered by the jus* tice for -that sum.
Bates, for Colescott.
Frame, for Rash.

reversed both of these judgments, on the ground that the plaintiffs could not legally obtain judgment for a greater amount than was stated in the summons to be claimed from the defendants respectively.