Harris v. Howard P. Foley Co.

STEVENS, Chief Judge.

The question before us is whether or not an appeal may be taken from a remittitur order. We deem the problem to be of such general .interest that instead of ruling by a minute entry order, a formal opinion should be written.

The facts in relation to the problem may be stated as follows: The appellant herein was the plaintiff below. Upon the conclusion of the trial in a personal injury action, the jury returned a verdict in favor of the plaintiff in the sum of $44,000 and a formal written judgment in this sum was duly signed and filed. A timely motion for new trial was…