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24 Ill. 331

Walcott v. Holcomb

Illinois Supreme Court

Decided April 15, 1860

Illinois Supreme Court · decided 1860-04-15

This was an action of assumpsit, commenced agianst the plaintiff below by writ of attachment, returnable at the March term, 1857, of the Circuit Court of Cook county.

Cited by 1 later decisions — most recently May 1914

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1860-04-15

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Catón, C. J.

¶1The 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.

¶2The judgment is reversed, and the cause remanded, with leave to the plaintiff to amend his declaration.

¶3Judgment reversed.

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