Opinion
Gen. No. 44,039. (Abstract of Decision.)
Opinion filed February 4, 1948 Released for publication February 20, 1948
JUDGMENTS, § 177 — excessive judgment as basis of amendment. Where ex parte judgment for $400 was rendered in favor of plaintiff for moneys expended by him for repairs on his automobile, which was parked in defendant's public garage and returned to him in damaged condition, court properly reduced judgment to $339.50, amount claimed as expended, on plaintiff's motion, after expiration of term, since amendment was neither substantial change nor prejudicial to defendant, and was apparently made to correct clerical error.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Municipal Court of Chicago; the Hon. JOHN R. McSWEENEY, Judge, presiding.
Judgment affirmed. Heard in the third division, first district, this court at the April term, 1947.
Louis J. Jacobson, for appellant;
Goldman, Allshouse Healy, for appellee;
Robert G. Dreffein and Melvin L. Goldman, of counsel.
Not to be publisbed in full. Opinion filed February 4, 1948; released for publication February 20, 1948.