Isenberg v. Lemon

PHELPS, Justice.

The court is unanimously of the opinion that the writer of the original opinion in this case erred in treating the action of the trial judge in deducting $3,800 from a $31,800 verdict returned by the jury in favor of Lemon as a judgment in favor of the Isenbergs to the extent of $3,800. As a matter of law it amounted to no more than • an offset on the verdict and judgment in favor of Lemon, that is, instead of the verdict remaining $31,800, as fixed by the jury, the court, on its own motion, reduced it to $27,000.

The case was reversed upon the ground of the insufficiency of…