139 Ga. 49 | Ga. | 1912
The plaintiff sued the defendant, seeking to recover damages for the killing of a mare alleged to be of the value of $250. The jury found for the plaintiff $316.63, which was the amount alleged to be the value of the mare, with interest added to the date of the trial. The allegation as to value was the only one which might be considered as an ad damnum clause in the petition. The defendant moved for a new trial.- The court overruled the motion on condition that the plaintiff would write off the amount found in excess of $250, which was done. The defendant excepted.
Judgment reversed.