Utter v. E. S. Jaffray & Co.

Citations

• 114 Ill. 470
• 2 N.E. 494

Syllabus

<p>1. Practice—how to avail of error in the ruling of the trial court—• by exception, motion in arrest, or for a new trial. Where the ad damnum laid in the original declaration was $3000, but in the amended declaration it was laid at $1000, and the affidavit to hold to bail stated the indebtedness to be $2578.75, for which sum the court assessed the plaintiff’s damages and rendered judgment, there being no exception taken, and no motion made in arrest or for a new trial, it was held, that as the error might have- been obviated by amendment, if pointed out and insisted upon in the trial court, it afforded no ground of reversal.</p> <p>2. Where a cause is tried by the court without a jury, if the court assesses the plaintiff’s damages in excess of the ad damnum in the declaration, the defendant must except to the finding, or take advantage of the error by motion in. arrest or for a new trial in the trial court, before he can make the objection in an appellate court.</p>