Lambert Bros. v. Larkins

I respectfully dissent from the majority opinion in this case for the reasons to be stated hereinafter.

The first error to be pointed out is the reference in said opinion to Code, sec. 27-119, T.C.A., relating to re-mittiturs. That section and the preceding section relate only to a plaintiff and is entirely irrelevant to the right of a defendant to appeal. As the law stood before the enactment of sections 1 and 2 of Chapter 29, Acts of 1911, if the Trial Judge thought that the verdict was excessive he could only suggest that the plaintiff make a remittitur; if the plaintiff made the…