Michigan Supreme Court, 1930

Daines v. Tarabusi

Michigan Supreme Court · Decided March 7, 1930 · CLARK, J.

229 N.W. 422; 250 Mich. 217; 1930 Mich. LEXIS 951 (North Western Reporter)

Cases that cite this one

3 later published cases cite this decision.

Muskegon Hardware & Supply Co. v. Green (Mich. 1955)
Nicholson v. Davis (Mich. 1950)
Shambleau v. Hoyt (Mich. 1933)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

The declaration in each of these cases is on a bond. At the conclusion of proof, plaintiffs had shown damage in excess of the amount named in the ad damnum clause. They asked and were given leave to amend.

Plaintiffs had judgment in each case here reviewed on error.

*Page 218

The sole contention is that the judgment may not exceed the amount named in the ad damnum clause. True, but the court permitted amendment of the clause as he had right to do. 3 Comp. Laws 1915, § 12478; Zeilman v. Fry, 213 Mich. 504; Gates v. Beebe, 170 Mich. 107.

Affirmed.

WIEST, C.J., and BUTZEL, McDONALD, POTTER, SHARPE, NORTH, and FEAD, JJ., concurred.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.