12 Mo. 440
Decided March 15, 1849
Supreme Court of Missouri · decided 1849-03-15
1. The judgment below is erroneous because it is for a greater sum than is laid in plaintiffs declaration. 2 Blackford 459, Johnson vs. Hawkins; 3 Blackford 133, Phillips vs. Nichols ; U. S. Digest, vol. 2 ; p. 665 ; 2 Howard’s Mo. Rep. 686, Potter vs. Prescott. . 2. Where ajudgment in an action of assumpsit is for a greater sum than the damages laid in the declaration it is error. 1 Mo. Rep. 615, Johnson vs. Robertson; Carr §e. Vs. Edwards, 1 Mo.
Cited by 2 later decisions — most recently December 1913
2 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1849-03-15
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¶1delivered the opinion of the court.
¶2In this case the damages found by the jury, exceeded those laid in the declaration, and the judgment was in accordance with the verdict. There was no motion in arrest in the court below. In accordance with the previous decisions of this court, the judgment must be reversed. Carr vs. Edwards I Mo. R. 137.