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..
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.
Messrs. Jones & Gardner, and Mr. M. W. Fuller, for the appellant.
Messrs. Walker, Dexter & Smith, for the appellee.
*542Mr. 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.