Brown v. Smith
Illinois Supreme Court
This was an action brought by appellees against appellants, on a bond. Damages claimed in the declaration, five hundred dollars. Trial was had before John M. Wilson, Judge, and a jury, and verdict for the plaintiffs for $1,131.09. The defendants entered motions in arrest of judgment, and for a new trial.
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This was an action brought by appellees against appellants, on a bond. Damages claimed in the declaration, five hundred dollars. Trial was had before John M. Wilson, Judge, and a jury, and verdict for the plaintiffs for $1,131.09. The defendants entered motions in arrest of judgment, and for a new trial. The plaintiffs also entered a motion for leave to amend their declaration by inserting the word “ twelve ” instead of the word “five” in the ad damnum; which last motion was granted, and those on the part of defendants overruled, and judgment entered for plaintiffs.
1Opinion of the CourtWalker, J.
This was an action of debt, instituted on a penal bond, with conditions annexed. Breaches were assigned in the declaration, and the damages were laid at five hundred dollars. The jury found a verdict for the sum $1,131.09, and the appellants entered motions in arrest of judgment, and for a new trial. The appellees also entered a motion for leave to amend the declaration, by increasing the ad damnum to an amount sufficiently large to cover the finding of the jury. The court allowed the motion to amend, and overruled the motions in arrest and for a new trial, and rendered judgment on the…
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