Evers v. Sager

In an action of trespass for assault and battery, brought in justice’s court, and resulting in a verdict for the plaintiff of five dollars, the defendant appealed to. the circuit court, where, by consent, the parties amended their pleadings. In amending the declaration, the plaintiff increased the ad damnum to a sum beyond the- jurisdiction of a justice; . but no objection was made to this, and a trial was had by jury upon an issue of fact, and a verdict rendered for the plaintiff of ten dollars. Thereupon the court rendered judgment for the plaintiff for the damages found, and also for full…