7 IND 544 - Roberts v. Muir

How this case has been cited

Cited by 3 later decisions — most recently March 1894

3 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

Perkins, J.

¶1Muir sued Roberts and Roberts upon a complaint as follows:

¶211 James Muir complains of William Roberts and Jacob Roberts, and says, that the defendants, by their note, on the 16th day of August, 1840, promised to pay the plaintiff forty-two dollars and fifty-four cents, with interest at the rate of ten per cent, per annum, if not punctually paid when due; a copy of which note is herewith filed, which remains unpaid. And plaintiff demands judgment for fifty-six dollars.”

¶3The defendants answered, setting up payment and usury. Reply. Trial, and judgment for the plaintiff for a fraction *545over 78 dollars. The defendant excepted to the entry of judgment for more than the sum claimed in the complaint. The exception was well taken and should have been sustained. 2 R. S., p. 38.— O’Neal v. Wade, 3 Ind. R. 410.

I W. Robinson, for the appellants.D. Kelso and J. W. Gordon, for the appellee.

¶4Excessiveness of damages is ground that will sustain a motion for a new trial. 2 Swan’s Pr. 925.

Per Curiam.

¶5The judgment is reversed with costs, Cause remanded, with leave to the plaintiff to amend his complaint.