Baramore v. Washing

OPINION

By McBRIDE, J.:

The original petition filed August 6, 1957, alleged a negligent act on April 18, 1956, and asked for judgment in the amount of $7,856.91. The praecipe requested summons endorsed: “Action for money only, amount claimed $7,856.91 plus costs.” On January 26, 1959, plaintiff filed an amended petition which included a prayer for $33,256.87. No praecipe was attached and no summons issued. The amendment was filed more than two years after the date of the accident.

*520The defendant filed a motion seeking to strike the claim of damages of $33,256.87 from the prayer.

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The…