Tomlinson v. Earnshaw

A reversal of the judgment below is asked upon three grounds: First, because the court allowed the ad damnum to be amended by increasing the amount, after verdict; second, because the Appellate Court, after reversing and remanding the cause, directed that the Superior Court, upon a remittitur being made by appellees of $230.90, enter judgment in their favor upon the verdict for the residue of the amount found by it (namely, $768.36,) to be due from appellants to appellees; and third, because the Superior Court admitted evidence to go to the jury, over appellants’ objection, tending to prove…