¶1The evidence was not admitted; and the plea judged insufficient: It must appeal* from the record, what the value of the debt, damage, or other matter in dispute is, and the court will never go into proof to- find the value, which is the province of the jury or triers to do upon a hearing on the merits.
1 Root 148
Miles v. Troop
Decided January 15, 1790
Connecticut Superior Court · decided 1790-01-15
AotioN of assumpsit for 2,000 feet of oars, which the defendant received to sell, and promised to account for the avails; value £30; damage demanded £40. Plea in abatement of the appeal — That the oars, the only matter in dispute were not, nor are of the value of £20; and offered parol evidence to prove the value.
Decided 1790-01-15