Wilkerson v. Johnston

CARR, Judge.

In the court below the jury found for the plaintiff and assessed the amount of damages at $404.

On April 25, 1947, the court granted the defendant’s motion for a new trial and ordered the verdict of the jury set aside. On May 21st just following the judge voided his order of April 25th and entered one in which he denied the motion for a new trial “if plaintiff within fifteen days hereof, shall certify to the Clerk of this Court a remittitur of damages in excess of $250.00, otherwise, the motion for new trial is granted.”

The defendant did not reserve an exception to this ruling of…