Kelley v. Third National Bank

David Kelley v. Third National Bank of Chicago

Kelley v. Third Nat'l Bank, 64 Ill. 541 (1872)

Court: Illinois Supreme Court · State Highest Courts
Decided: September 15, 1872
Judges: Breese
Citations: 64 Ill. 541

Cited by 6

Syllabus

Extent op recovery—must not exceed the ad damnum laid in the decía, ration. In an action of assumpsit, it was held to he error to render a judgment upon a verdict in excess of the damages laid in the declaration..

Summary

Appeal from the Superior Court of Cook county; the Hon. Joseph E. Gary, Judge, presiding. This was an action of assumpsit, brought by the Third National Bank of Chicago.against David Kelley.. The damages laid in the declaration were $4000. The verdict and judgment -were for the sum of $4300. Among other things, it was assigned as error that the verdict exceeded the damages laid in the declaration.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Breese

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Mr. Justice Breese delivered the opinion of ’the Court:

This ease is like the preceding in all important particulars with this exception, that the verdict exceeds the damages laid in the declaration.

This was error. Stephens v. Sweeney, 2 Gilm. 375 ; Rives v. Kumler, 27 Ill. 291 ; Linder v. Monroe’s Exr. 33 ib. 388; Pierson v. Finney, 37 ib. 29.

For this error the judgment must be reversed and the cause remanded.

Judgment reversed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 6 cases

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Relies on it most ⓘ

Georgia Railroad & Banking Co. v. Crawley13 S.E. 508 (Ga. 1891)
American Exchange Bank v. Mitchell179 Ill. App. 612 (1913)
Taylor v. Richman87 Ill. App. 419 (1900)
Dorn v. Briggs106 Ill. App. 79 (1903)
Burns v. Kaylor264 Ill. App. 469 (1932)
Krumser v. Meeker-Magner Co.220 Ill. App. 376 (1920)

Most recent

Burns v. Kaylor264 Ill. App. 469 (1932)
Krumser v. Meeker-Magner Co.220 Ill. App. 376 (1920)
American Exchange Bank v. Mitchell179 Ill. App. 612 (1913)
Dorn v. Briggs106 Ill. App. 79 (1903)
Taylor v. Richman87 Ill. App. 419 (1900)
Georgia Railroad & Banking Co. v. Crawley13 S.E. 508 (Ga. 1891)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

Depth	Case	Cited by
	Rives v. Kumler, 27 Ill. 291 (1862)	4

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