General
Peter Delamater v. James Borland
1 Cole. & Cai. Cas. 337·New York Supreme Court·1804·NY
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Opinion
Peter Delamater v. James Borland.
IN error on a certiorari from a justice’s court. The declaration was for ten dollars, deposited in the hands of the defendant below as a stake on a wager. The demand at the trial was for 25 dollars due on a note, on which five had been paid, and the judgment was for fifteen dollars.
[MAJORITY — Per Curiam.]
Per Curiam.
It appears that the plaintiE below declared for one thing, and gave evidence of another totally variant. To this the defendant made an objection, which was overruled. In the next place, the declaration is for ten dollars, and the judgment for fifteen. Both errors áre fatal, and there must be a reversal with costs.
The multiplicity of cases from the Justices’ Courts will excuse the insertion of the following determination, by which it was decided, that they have no jurisdiction under the joint debt- or act.