Legal Specs

Definition 1

pleading. In personal and mixed actions, (but not in
penal actions, for obvious reason,) the declaration must allege, in
conclusion, that the injury is to the damage of the plaintiff, and must
specify the amount of damages. Com. Dig. Pleader, C 84, 10 Rep. 116, b.

2. In personal actions there is a distinction between actions that sound
in damages, and those that do not, but in either of these cases, it is
equally the practice to lay damages. There is, however, this difference:
that, in the former case, damages are the main object of the suit, and are,
therefore, always laid high enough to cover the whole demand, but in the
latter, the liquidated debt, or the chattel demanded, being the main
object, damages are claimed in respect of the detention only, of such debt
or chattel, and are, therefore, usually laid at a small sum. The plaintiff
cannot recover greater damages than he has laid in theconclusion of his
declaration. Com. Dig.Pleader, C 84, 10 Rep. 117, a, b, Vin. Ab. Damages,
R.

3. In real actions, no damages are to be laid, because, in these, the
demand is specially for the land withheld, and damages are in no degree the
object of the suit. Steph. Pl. 426, 1 Chit. Pl. 397 to 400.