Givens v. W. J. Gilmore Drug Co.

Opinion by

Mr. Justice Stern,

This controversy has been involved in lengthy and bitter litigation. It started with a landlord’s distress for rent in 1933. This led, in 1934, to a suit by the tenant for damages, on the ground that the distraint was for a larger sum than was due and upon a greater amount of goods than necessary to meet the debt. A trial in 1936 resulted in a verdict for plaintiff in the sum of $10,000, but the court ordered a remittitur of all the verdict in excess of $5,000. This amount not being accepted by plaintiff, a second trial was had in 1939, at which a verdict was…