Opinion
Docket Nos. 84, 85, Calendar Nos. 34,770, 34,771.
Submitted January 21, 1930.
Decided March 7, 1930.
Error to Oakland; Doty (Frank L.), J. Submitted January 21, 1930. (Docket Nos. 84, 85, Calendar Nos. 34,770, 34,771.) Decided March 7, 1930.
Separate actions of assumpsit by Mark A. Daines and another and Harold P. Daines and another against Louis Tarabusi and American Employers' Insurance Company, a foreign corporation, on a bond. From judgments for plaintiffs, defendants bring error. Affirmed.
Pelton McGee, for plaintiffs.
Arthur E. Moore, for defendants.
The declaration in each of these cases is on a bond. At the conclusion of proof, plaintiffs had shown damage in excess of the amount named in the ad damnum clause. They asked and were given leave to amend.
Plaintiffs had judgment in each case here reviewed on error.
The sole contention is that the judgment may not exceed the amount named in the ad damnum clause. True, but the court permitted amendment of the clause as he had right to do. 3 Comp. Laws 1915, § 12478; Zeilman v. Fry, 213 Mich. 504; Gates v. Beebe, 170 Mich. 107.
Affirmed.
WIEST, C.J., and BUTZEL, McDONALD, POTTER, SHARPE, NORTH, and FEAD, JJ., concurred.