Daines v. Tarabusi

Michigan Supreme Court

Daines v. Tarabusi

229 N.W. 422, 250 Mich. 217, 1930 Mich. LEXIS 951

Michigan Supreme Court·Decided March 7, 1930·No. Docket Nos. 84, 85, Calendar Nos. 34,770, 34,771.·Published·Cited by 3 cases

Opinion

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.

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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.

Daines v. Tarabusi, 229 N.W. 422, 250 Mich. 217, 1930 Mich. LEXIS 951 (Mich. 1930).

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Opinion

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