
    BALTZELL vs. HICKMAN.
    
      From the Franklin Circuit Court, the Hon. Henry Davidge sole Judge.
    
    
      Monroe, for plaintiff; Sioigert, for defendant.
    Nov. 25.
    Where the verdict in as-sumpsit is for more damages than are laid in the declaration, judgment must be rendered for ivhat is laid in the declaration.
   Opinion of the Coukt by

Judge Mills.

THE court below, after the execution of a writ of inquiry in assumpsit, rendered judgment for the amount assessed, which was twenty-eight dollars more than the amount of damages laid in the writ and declaration, when, if the damages exceeded those laid, the court-ought to have rendered judgment for the amount laid, and no more.

„ The judgment must, therefore,be reversed with costs, and the cause remanded that judgment may there be rendered, according to the principles of this opinion.  