Nowinski v. La Monte

This action was tried before the court and a jury. The summons on its face demands judgment for $1,500. The oral complaint shows separate causes of action, the infant plaintiff suing for personal injuries and the father for loss of services. The separate causes of action mention no amount for which each separate plaintiff is suing.

Through no fault of the court the summons and complaint did not come into the court’s possession until the completion of the testimony of an interne called as a witness for the defendant, and, after listening to his testimony and later that of a policeman, the *587court…