Hoit v. Molony
Superior Court of New Hampshire
When the ad damnum in a writ is left blank, the defect is not cured by a verdict in favor of the plaintiff. Where the court has general jurisdiction of a cause, and a verdict is found for more than the sum demanded, a remittitur may be entered as to the excess, and judgment taken for the residue, or the verdict may be set aside, and leave then given to amend.
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When the ad damnum in a writ is left blank, the defect is not cured by a verdict in favor of the plaintiff. Where the court has general jurisdiction of a cause, and a verdict is found for more than the sum demanded, a remittitur may be entered as to the excess, and judgment taken for the residue, or the verdict may be set aside, and leave then given to amend. But when no damages are demanded, and the court have no jurisdiction, unless the ad damnum exceed fifty dollars, no amendment can be allowed, and notwith~ standing a verdict, the proceedings must be quashed. The sum demanded and not the…
1Opinion of the CourtWoodbury, J.
It being a well settled principle that a party can recover no more damage than he demands, the plaintiff in this case cannot have judgment, unless the neglect to demand some damage is cured by a verdict in his favor. But judgment for more damage than is demanded is bad on error,(1) which would not be the case where a verdict is returned, if a defect in the demand of damage were cured by a verdict.
In respect to the amendment prayed for, it would seem, on the first view, to come within the broad provision of our statute,(2) that amendments may be made, “ where the prr- “ son or case may be…
2Cited by3 opinions
- Smith v. KnowltonSuperior Court of New Hampshire · 1840
- Huntress v. EffinghamSuperior Court of New Hampshire · 1845
- Flanders v. AtkinsonSuperior Court of New Hampshire · 1846