Burns v. Kaylor

Mr. Presiding Justice Barry

delivered the opinion of the court.

Appellee sued to recover $3,000 for damages alleged to have been caused by malpractice. At the trial appellee asked leave to amend her declaration by increasing the ad damnum to $25,000. Appellant objected to the granting of leave hut the objection was overruled. The amendment was never actually made. The trial resulted in a. verdict for $10,000. Appellant, in his motion for a hew trial, called attention to the fact that the verdict was larger than the amount claimed in the declaration. The motion also presented other grounds for a…