Dudley v. Linn

Supreme Court of Alabama

Dudley v. Linn

52 Ala. 65

DecidedJanuary 15, 1875

StatusPublished

This text of 52 Ala. 65 (Dudley v. Linn) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Dudley v. Linn, 52 Ala. 65 (Ala. 1875).

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Opinion

BRICKELL, C. J.

The assignments of error in this cause cannot be sustained. Judgment was rendered on verdict, and corresponds with it. It has long been settled that when a [66]*66judgment is rendered on, and corresponds with, a verdict, it cannot be assigned as error that tbe judgment exceeds tbe amount claimed in the complaint or declaration. The remedy is by a motion in the court below for a new trial. 1 Brick. Dig. 776, § 39; Drake v. Johnston & Seats, January term, 1873. The judgment is affirmed.

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BRICKELL, C. J.

The assignments of error in this cause cannot be sustained. Judgment was rendered on verdict, and corresponds with it. It has long been settled that when a [66]*66judgment is rendered on, and corresponds with, a verdict, it cannot be assigned as error that tbe judgment exceeds tbe amount claimed in the complaint or declaration. The remedy is by a motion in the court below for a new trial. 1 Brick. Dig. 776, § 39; Drake v. Johnston & Seats, January term, 1873. The judgment is affirmed.

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Bluebook (online)

52 Ala. 65, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dudley-v-linn-ala-1875.