Supreme Court of Alabama, 1875

Dudley v. Linn

Dudley v. Linn
Supreme Court of Alabama · Decided January 15, 1875 · Brickell
52 Ala. 65

Dudley v. Linn

Opinion of the Court

BRICKELL, C. J.

The assignments of error in this cause cannot be sustained. Judgment was rendered on verdict, and corresponds with it. It has long been settled that when a *66judgment is rendered on, and corresponds with, a verdict, it cannot be assigned as error that tbe judgment exceeds tbe amount claimed in the complaint or declaration. The remedy is by a motion in the court below for a new trial. 1 Brick. Dig. 776, § 39; Drake v. Johnston & Seats, January term, 1873. The judgment is affirmed.

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