MR. CHIEF JUSTICE WAITE delivered the opinion of the court.
On opening this record, we find that the action below was assumpsit upon a policy of insurance for $1,400. There are two counts in the declaration, but they are both upon the same cause of action; and although the damages, both in the writ and declaration, are laid at $3,000, it is apparent from the whole record that there could not be a recovery in any event for more than $1,400 and interest from July 14...
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