Herbert v. Howard

On February 25, 1935, judgment was entered in this cause in circuit court for plaintiff in the amount of $15,500. A motion for new trial was made by defendants, and on March 16, 1935, an order was entered granting a new trial unless the plaintiff filed a remittitur of all sums in excess of $10,000. Subsequently, plaintiff secured a rehearing on this motion, and on such rehearing (April 17, 1935) the court made a second order exactly as the first. This order was not filed until June 7,1935 (however, the record indicates that it had been filed at some previous date, but in a wrong file). A…