Full text
Jabez E. Walcott, impleaded with Otis Buzzell, in Error v. Leander P. Holcomb, in Error
Catón, C. J.
The ad damnum in this declaration is for four dollars, and the verdict and judgment are for three hundred and twenty dollars and forty cents. When a sum is stated in the ad damnum, the judgment cannot exceed that, no matter what amount the stating part of the declaration may show to be due. It might be otherwise, if no specific sum was "stated in the ad damnum.
The judgment is reversed, and the cause remanded, with leave to the plaintiff to amend his declaration.
Judgment reversed.