Opinion

Foreman v. Sawyer

  • 73 Ill. 484
Court
Illinois Supreme Court
Filed
Sep 15, 1874
Status
Published
Author
Craig
On the bench
Craig
Cited by
1 cases
Authority
More cited than 48.4%

The opinion

Mr. Justice Craig delivered the opinion of the Court:

This was an action of covenant, commenced in the circuit court of Whiteside county, by George E. Sawyer against Benjamin S. Foreman.

The ad damnum in the declaration was for only the sum of $300, while the judgment rendered by the court was $555.

The law is well settled, that the judgment can not exceed the ad da-mnum laid in the declaration. Oakes v. Ward, 19 Ill. 46 ; Brown v. Smith, 24 Ill. 196 .

It was, therefore, error for the court to render judgment for a larger sum than that claimed in the declaration; for which the judgment will be reversed and the cause remanded, with leave to amend the declaration.

Judgment reversed.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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