Foreman v. Sawyer

Illinois Supreme Court

Decided September 15, 1874

Illinois Supreme Court · decided 1874-09-15

<p>Writ of Error to the Circuit Court of Whiteside county; the Hon. William W. Heaton, Judge, presiding.</p>

Cited by 1 later decisions — most recently February 1932

1 state decisions

Relies on Brown v. Smith · Oakes v. Ward

Good law ✅— No negative treatment on recordhow we know

Decided 1874-09-15

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Mr. Justice Craig

¶1delivered the opinion of the Court:

¶2This was an action of covenant, commenced in the circuit court of Whiteside county, by George E. Sawyer against Benjamin S. Foreman.

¶3The ad damnum in the declaration was for only the sum of $300, while the judgment rendered by the court was $555.

¶4The law is well settled, that the judgment can not exceed the ad da-mnum laid in the declaration. Oakes v. Ward, 19 Ill. 46; Brown v. Smith, 24 Ill. 196.

¶5It was, therefore, error for the court to render judgment for a larger sum than that claimed in the declaration; for which the judgment will be reversed and the cause remanded, with leave to amend the declaration.

¶6Judgment reversed.