Johnson v. Rudolph Wurlitzer Co.

The plaintiff below refused to elect to accept the lessened amount of damages fixed by the trial court in its order and has -appealed here from that conditional order for a new trial. The defendant company, a respondent on such appeal, has filed its motion here for review, and appellant raises a question of our right to entertain such motion to review.

So far as proceedings in the court below are concerned-the order for a new trial became absolute upon plaintiff’s refusing to remit, and the question is presented whether, having obtained, to some extent at least, in the lower court that which…