
    JOHNSON against VAN DOREN.
    ON CEBTIOBABI.
    Judgment for more than demand, error. In such case, interest not to be allowed. The original judgment being reversed, this judgment founded thereon, reversed also.
    
    
      
       S, P. ante 79, 165.
      
    
   Kirkpatrick, C. J.

— This is an action brought upon the judgment above mentioned, entered before Justice Van Riper, and the only objection of any weight raised against it is, that the justice has [272] given judgment for more money than the plaintiff demands, in his state of demand filed. He demands the amount of the judgment before Justice Van Riper, viz.: $52.16, of debt, and $1.63, of costs, making in the whole, $53.79. To this the justice adds, $2.71, for interest, from the time of the entry of said judgment.

This, in itself, is certainly very just; but the question is, as to its legality. The plaintiff might have entered a remittitur as to the excess, and then his judgment would have been well enough. But as it is, though 1 have great reluctance in reversing a judgment which is manifestly right in the substance of the thing, I think it is contrary to principle. If a plaintiff may recover $2 more than his demand, he may also recover $20 more. And the old principle once being broken down, and a new practice let in, it is not to be foreseen what confusion, fraud, and injustice it might lead in its train. For this cause, I think there must be a reversal.

Rossell, J.' — 'Concurred.

[f] Pennington, J.

— The judgment on which this action was founded, being reversed, this judgment must fall with it, if there were no other cause.

Hornblower, for plaintiff.

Judgment reversed.  