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Page:United States Reports, Volume 2.djvu/190

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U A R4 Cases ruled and adjudged in the gpg;. ceive it as lpeeie. Upon a reference, the referrces awarded ott- vwrvly four pounds; and, as the caufe had been removcd lzthe de- fendant, it then became phquellion, whether the plaint' lhould recover double or any o er coils. Br rms Cciotrr :-Doulfle coils is a relative term ; and it has been fettled, that the plaintitfthall not recover double coils here, when, in the Court below, he could not be intitled to recover any.

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wersve tn em eem oem race ea_eo a ton. Tlnereare indeed exclulive words in the a&, but they do not comprehend thcprefent cafe. 'lhere mult, therefore, be . _ judgment without coils.

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I R ala 'I`HE defendant had pleaded in abatement, that the plaintiff ' 3,, was a xfiwu tnwzrtz And now Hswell, for thc plaintiff,

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tnt as es o e u require. con a e eorild file theallidavit iryfanter, if thcCourt {hould deem it ne- eellinry in this cafe ; but Howell faid it was too late, and that a dilatory plea could not be recurred ro, at this llage of the proceed- BY Tue Covtrr :—As the plea is not fupported by any aE- davir it cannot be fullained - and we think it is too late to file a new; one. The defendant inuil, therefore, plead in chicfgot dt.: plaintif will be at liberty to lign judgment. Fmt! e·er_/iu S‘ro::£. THE plaintiff laid his damages at {gcc ; but the verdiét 60. and judgment nyi were for {672 13 2. The defendant 5f awa herenpon took out a writ of error, and next day the plaintiff S I ` mowed forleave to enter a wnzitritur of the furplus damages, upon {4* the authority of H. B/ack:. Rep. 643. 1 Dall. Rep. r 34. Elixir! op- fed it. P0But, mr rm: Couttr :—'l‘herc is no ditTctence between this cafe and that in Blacl/lone`: Report:. \’e lhall always be difpofed to favor amendments. Let the rmiimzm- be entered, upon pay- ment of the coils of the writ of error. i jouxs wijirr Nrcxota. THIS was a feigned iH`ue ; upon which this ting': quelliun was fubmitezl, for the opinion of the Court,-whether tlze power