Feigenbaum v. Van Raalte

HYDE, J.. This is an action on an account, tried without á jury. Plaintiff had judgment for $117,855.43. (Balance due $105,166.33; interest $12,689.10) On motion for new trial a remittitur of $25,856.66 was ordered and made. Defendant has appealed from the final judgment entered.

Plaintiff has filed a motion to dismiss the appeal. Defendant’s brief does not fully comply with our rules (the statement of facts is neither properly made nor in the proper place) and his transcript does not correctly show the final amended judgment entered after remittitur. Because we find merit in defendant’s…