Excelsior Electric Co. v. Sweet

The opinion of the court was delivered by

Depue, J.

Error is assigned upon the face of the record. The damages claimed in the declaration in the ad damnum *226clause were the sum of $1,000. The.verdict awarded the plaintiff $1,457 for his damages. For this discrepancy between the verdict and judgment thereon, and the declaration, it is contended that the judgment should be reversed. The cases cited by the counsel of the plaintiff in error (Lake v. Merrill, 5 Halst. 288; Hawk v. Anderson, 4 Id. 319) were decisions on certiorari to the justice’s court, and were made before the Amendment act. The…