People ex rel. McClintock v. Skinner

McClintock sued Smith before a justice of the peace, and recovered a judgment for $62.52. On appeal, the jury returned a verdict in favor of McClintock, for $130.62. On the coming in of the verdict, he entered a remittitur for $30.62. Smith made a motion in arrest of judgment, which was overruled ; and the court, on its own motion, set aside the verdict, and continued the case. McClintock then entered a motion for a judgment for $100 and costs, which was denied. He has sued out a mandamus from this court, for the purpose of compelling the circuit judge to enter a judgment on the verdict for…