Phillips v. Rolston

The principal question presented to us in this appeal is whether the ad damnum clause of a complaint may be amended to increase it to conform with the amount awarded by the jury.

Plaintiff sued for his damages resulting when defendants’ automobile collided with the rear end of plaintiff’s automobile. The ad damnum clause in his complaint was for $30,000. The jury returned á verdict in the amount of $35,000. Following the jury’s verdict, but before entry of judgment thereon, the trial judge granted plaintiff’s motion to amend his ad damnum clause to conform with the $35,000 awarded him by the…