City of Jonesboro v. Watterson

1. Where, upon the hearing of a defendant’s motion for a new trial, the court passes an order providing that a new trial be granted unless the plaintiffs shall, within ten days from the date of the order, write off from the verdict a designated sum of money and file an instrument in writing with the clerk of the court writing off this sum, and, in the event the plaintiffs do this, the motion for a new trial is overruled and the new trial is denied, the order, under its own terms operates to grant a new trial to the defendant upon the plaintiffs’ failure to comply with this condition. The…