Walton v. Johnson

Wyatt, Presiding Justice.

1. The controversy involved in the instant case arose because the jury returned a verdict for the plaintiff for a lump sum for an amount greater than the principal amount and smaller than for principal, interest, and attorney’s fees. The decisive question is whether or not the plaintiff can write off that portion of the judgment in excess of the principal amount so as to make the illegal verdict a legal one. We are of the opinion that the verdict and judgment in the instant case are so ambiguous that there is no way to writ© off a portion thereof and make a legal…