Wyman v. Morone

The overruling of the trial court’s allowance of the increase in the ad damnum clauses of the Coleman complaint is tantamount to an adjudication that the court was without power to permit the amendment after verdict and that such articles can never be altered at said time.

After the jury reported its verdicts, no application was made by appellant to set them aside as being in excess of the amounts demanded in the complaint. Within a few days and before entry of judgment, plaintiffs Coleman moved by order to show cause for amendment of the ad damnum provisions so as to conform to the verdict…