
    Ragsdale Executor of Ragsdale v. Balte Executor of Balte.
    
    April Term, 1796.
    
      
       The principal case Is cited with approval in Anderson v. Price, 4 Munf. 309.
      The principal case is distinguished in Kemp v. Mundell. 9 Heigh 16.
    
   This was an action of debt instituted in the District Court of Brunswick by the defendant in error against the plaintiff for ¿32: 4: 2 with interest thereon from the 16th of June 1770, also one penny, and 4601bs. of gross tobacco. The action was founded upon a judgment of the General Court rendered in the year 1784, in favor of the testator of the defendant against the plaintiff. for ¿64: 8: 4, for debt, also one penny for damages, and 4601bs. of gross tobacco for his costs, but to be discharged by the payment of the above mentioned sum of ¿32: 4: 2, with interest thereon from the 16th of June 1770, together with the damages and costs above mentioned. Upon the plea of payment, a verdict was found for the defendant in error, in the year 1794; whereupon judgment was entered, “that he recover the said sum of ¿32: 4: 2, with interest from the 16th of June 1770,” as also „ the damages and costs aforesaid.

*The plaintiff applied for, and obtained a supersedeas to the above judgment, from one of the judges of this court, assigning as error therein, “that by the defendant’s own shewing in his declaration it is manifest that he ought to have brought his suit for ¿64: 8: 4, instead of ¿32: 4: 2, with interest from 1770, whereby the interest recovered exceeded the sum for which the judgment, on which this suit was instituted, had been rendered.”

Judgment reversed.  