Phillips v. Nicholas
Indiana Supreme Court
The only error complained of in this case was, that the judgment below was for too large an amount. The defendant in error was permitted, upon his application, to enter a remittitur on the record of this Court, for the surplus, and then the judgment was affirmed, but without costs in error (1).
1Opinion of the Court
ERROR to the Rush Circuit Court.
The Supreme Court of the United States 'permitted a remittitur to be entered in a case similar to that in the text. The following is the formal entry:
“Whereupon it is considered, ordered, and adjudged by this Court, that the judgment of the said Circuit Court in this cause be, and the same is hereby affirmed without costs, deducting from the said judgment of the said Circuit Court, the amount so deducted as aforesaid.” Bank of Kentucky v. Ashley et al. 2 Peters, 327.
2Cases cited1 opinion
- The President, Directors and Company of the Bank of the Commonwealth of Kentucky, in Error v. John Ashley and John EllaSupreme Court of the United States · 1829
3Cited by2 opinions
- Teagarden v. HetfieldIndiana Supreme Court · 1859
- Blair Baker Horse Co. v. Railroad Transfer Co.Indiana Court of Appeals · 1915