Walcott v. Holcomb

Illinois Supreme Court

Walcott v. Holcomb

24 Ill. 331

CourtIllinois Supreme Court

DecidedApril 15, 1860

StatusPublished

Cited by1 cases

This text of 24 Ill. 331 (Walcott v. Holcomb) is published on Counsel Stack Legal Research, covering Illinois Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Walcott v. Holcomb, 24 Ill. 331 (Ill. 1860).

Pincite

Opinion

Catón, C. J.

The ad damnum in this declaration is for four dollars, and the verdict and judgment are for three hundred and twenty dollars and forty cents. When a sum is stated in the ad damnum, the judgment cannot exceed that, no matter what amount the stating part of the declaration may show to be due. It might be otherwise, if no specific sum was "stated in the ad damnum.

The judgment is reversed, and the cause remanded, with leave to the plaintiff to amend his declaration.

Judgment reversed.

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Catón, C. J.

The ad damnum in this declaration is for four dollars, and the verdict and judgment are for three hundred and twenty dollars and forty cents. When a sum is stated in the ad damnum, the judgment cannot exceed that, no matter what amount the stating part of the declaration may show to be due. It might be otherwise, if no specific sum was "stated in the ad damnum.

The judgment is reversed, and the cause remanded, with leave to the plaintiff to amend his declaration.

Judgment reversed.

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Bluebook (online)

24 Ill. 331, Counsel Stack Legal Research, https://law.counselstack.com/opinion/walcott-v-holcomb-ill-1860.

Opinion

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