
    M'Whorter v. Sayre & Sayre.
    At is error to render judgment for more damages than laid in the declaration.
    This action Involved the same points as the two. preceding; In addition thereto, it was assigned for error, that the damages in the writ and declaration were laid at $130, and a verdict was found for $268 93, and judgment was rendered for that amount. The action was in assumpsit.
    Goldthwaite, for the appellant.
    This is certainly erroneous. 
       since the suing oí this writ of error, a reinittifur has been entered; but a remittitur cannot be entered at a subsequent term. 
    
    Bug-bee, contra.
    
      
      
         Minor’s Ala. Rep. 89, 93. 1 Stewart 18.
    
    
      
      
         g gtran(l. Rep. luff
    
   By JUDGE PERRY.

It appears that the jury assessed damages largely beyond what were claimed in the •declaration, and judgment was entered thereon. This was error, and has been so several times decided in this Court. For this the judgment must be reversed and the cause remanded,  