Daines v. Tarabusi

Michigan Supreme Court

Daines v. Tarabusi

250 Mich. 217

CourtMichigan Supreme Court

DecidedMarch 7, 1930

DocketDocket Nos. 84, 85, Calendar Nos. 34,770, 34,771

StatusPublished

This text of 250 Mich. 217 (Daines v. Tarabusi) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Daines v. Tarabusi, 250 Mich. 217 (Mich. 1930).

Pincite

Opinion

Clark, J.

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.

[218]*218The sole contention is that the judgment may not exceed the amount named in the ad damnum clause. True, hut 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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Clark, J.

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.

[218]*218The sole contention is that the judgment may not exceed the amount named in the ad damnum clause. True, hut 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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Bluebook (online)

250 Mich. 217, Counsel Stack Legal Research, https://law.counselstack.com/opinion/daines-v-tarabusi-mich-1930.

Opinion

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