Kelley v. Third National Bank
Illinois Supreme Court
Appeal from the Superior Court of Cook county; the Hon. Joseph E. Gary, Judge, presiding. This was an action of assumpsit, brought by the Third National Bank of Chicago.against David Kelley.. The damages laid in the declaration were $4000. The verdict and judgment -were for the sum of $4300. Among other things, it was assigned as error that the verdict exceeded the damages laid in the declaration.
1Opinion of the CourtJustice Breese
This ease is like the preceding in all important particulars with this exception, that the verdict exceeds the damages laid in the declaration.
This was error. Stephens v. Sweeney, 2 Gilm. 375; Rives v. Kumler, 27 Ill. 291; Linder v. Monroe’s Exr. 33 ib. 388; Pierson v. Finney, 37 ib. 29.
For this error the judgment must be reversed and the cause remanded.
Judgment reversed.
2Cases cited1 opinion
- Rives v. KumlerIllinois Supreme Court · 1862
3Cited by6 opinions
- Georgia Railroad & Banking Co. v. CrawleySupreme Court of Georgia · 1891
- American Exchange Bank v. MitchellAppellate Court of Illinois · 1913
- Dorn v. BriggsAppellate Court of Illinois · 1903
- Taylor v. RichmanAppellate Court of Illinois · 1900
- Burns v. KaylorAppellate Court of Illinois · 1932
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