Kelley v. Third National Bank
Illinois Supreme Court
Kelley v. Third National Bank, 64 Ill. 541 (Ill. 1872)
Breese
Kelley v. Third National Bank
Opinion of the Court
delivered the opinion of ’the Court:
This ease is like the preceding in all important particulars with this exception, that the verdict exceeds the damages laid in the declaration.
This was error. Stephens v. Sweeney, 2 Gilm. 375; Rives v. Kumler, 27 Ill. 291; Linder v. Monroe’s Exr. 33 ib. 388; Pierson v. Finney, 37 ib. 29.
For this error the judgment must be reversed and the cause remanded.
Judgment reversed.
Reference
- Full Case Name
- David Kelley v. Third National Bank of Chicago
- Cited By
- 6 cases
- Status
- Published
- Syllabus
- Extent op recovery—must not exceed the ad damnum laid in the decía, ration. In an action of assumpsit, it was held to he error to render a judgment upon a verdict in excess of the damages laid in the declaration..