Hurtig v. Bjork

I dissent.

I. The courts have power to grant new trials conditioned on remittiturs. At least since 1864, this court has- assumed and exercised such power. Brockman v. Berryhill, 16 Iowa 183. At least since 1822, the federal courts have sustained like rulings. Blunt v. Little (C. C.), 3 Mason 102 Fed. Cas. No. 1578. But each time a verdict is set aside, the right to a jury trial is, to that extent invaded, despite the admonition of Article I, section 9, of the Iowa Constitution. “The right to a jury trial shall remain inviolate * *

The courts have so long exercised the right to- order a…