Geist v. Moore

BUDGE, J.,

Dissenting. — Appellants appealed from a judgment for $25,000 entered against them May 19, 1936, and from an order denying their motion for a new trial, and also from the judgment of the court entered August 10, 1936, after the court had provisionally denied their motion for a new trial upon condition that respondents remit all that part of the previous judgment in excess of $10,000, which respondents did.

I shall direct my views to but one point, namely: Did the court err in refusing to grant a new trial, and, in lieu thereof, reducing the judgment, with respondents’ consent, to…