Hobson v. Emporium Real Estate & Manufacturing Co.
Illinois Supreme Court
Hobson v. Emporium Real Estate & Manufacturing Co., 42 Ill. 306 (Ill. 1866)
Lawrence
Hobson v. Emporium Real Estate & Manufacturing Co.
Opinion of the Court
delivered the opinion of the Court:
This was an attachment in which there was no personal service or appearance, and the affidavit, notice and declaration only claimed an indebtedness of $173.86, but judgment was rendered for $429.91 and costs. It was error in the plaintiff to take judgment for more than the sum claimed in the affidavit and notice. Rowley v. Berrian, 12 Ill. 198. It was also error to take judgment for a larger sum than the damages laid in the declaration. The judgment is reversed and the cause remanded.
Judgment reversed.
Reference
- Full Case Name
- Atwood T. Hobson v. Emporium Real Estate and Manufacturing Company
- Cited By
- 5 cases
- Status
- Published
- Syllabus
- 1. Judgment on attachment, upon constructive notice. It is a fatal error, for the plaintiff, in an attachment in which there was no personal service or appearance, to take judgment for more than tli'e sum claimed in the affidavit and notice. 3. Ad damnum—the limit of recovery. It is error to take judgment for a larger sum than the damages laid in the declaration.