A Treatise On the Law of Damages, Embracing An Elementary Exposition of the Law And Also Its Application to Particular Subjects of Contract And Tort
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Hodges, 3 Dev. 203; Dinsmore v.
1158 PLEADING AND PEOCEDUEE.
[§ 417.
terest which accrued pending the suit and the objection is first made on appeal^ or unless the proper sum is stated in the prcBcipe and the declaration, and the objection is so made.^ Costs may be given in addition to the damages claimed.' The Austin, Minor, 89; Coursey v. Cov- ington, 5 Harr. & J. 45; Wilde v.
Crow, 10 Up. Can. C. P. 406.
In Calumet Iron & Steel Co. v.
Martin, 115 111. 358, 374, 3 N. E. Rep.
456, the court in...structed the jury not to assess plaintiff's damages above the amount claimed. In an- swer to an objection thereto it was said; "It does not appear from the amount of the verdict or otherwise that this instruction affected the action of the jury. While it is cer- tainly censurable it will not justify a reversal of the judgment." This was an action of negligence. In an action of assumpsit the rule is the same in Illinois as elsewhere. Kel- ley v. Third Nat. Bank, 64 111. 541. , In Texas if actual and exemplary damages are claimed and the facts show the latter are not recoverable, the judgment will not be reversed because it awards as actual damages an amount in excess of the sum prayed for as such.
What to read after A Treatise On the Law of Damages, Embracing An Elementary Exposition of the Law And Also Its Application to Particular Subjects of Contract And Tort?
You can find similar books in the "Read Also" column, or choose other free books by J G Jabez Gridley Sutherland to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
Hodges, 3 Dev. 203; Dinsmore v.
1158 PLEADING AND PEOCEDUEE.
[§ 417.
terest which accrued pending the suit and the objection is first made on appeal^ or unless the proper sum is stated in the prcBcipe and the declaration, and the objection is so made.^ Costs may be given in addition to the damages claimed.' The Austin, Minor, 89; Coursey v. Cov- ington, 5 Harr. & J. 45; Wilde v.
Crow, 10 Up. Can. C. P. 406.
In Calumet Iron & Steel Co. v.
Martin, 115 111. 358, 374, 3 N. E. Rep.
456, the court in...structed the jury not to assess plaintiff's damages above the amount claimed. In an- swer to an objection thereto it was said; "It does not appear from the amount of the verdict or otherwise that this instruction affected the action of the jury. While it is cer- tainly censurable it will not justify a reversal of the judgment." This was an action of negligence. In an action of assumpsit the rule is the same in Illinois as elsewhere. Kel- ley v. Third Nat. Bank, 64 111. 541. , In Texas if actual and exemplary damages are claimed and the facts show the latter are not recoverable, the judgment will not be reversed because it awards as actual damages an amount in excess of the sum prayed for as such.
What to read after A Treatise On the Law of Damages, Embracing An Elementary Exposition of the Law And Also Its Application to Particular Subjects of Contract And Tort?
You can find similar books in the "Read Also" column, or choose other free books by J G Jabez Gridley Sutherland to read onlineMoreLess
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