Walker v. Quinn

Mr. Circuit Judge Townsend

(dissenting) : The defendants’ third, fourth, and fifth exceptions raise the question as to the amount which plaintiffs should have been required to remit as a condition for refusing a new trial. The opinion of Mr. Justice Cothran shows that the verdict erroneously included the three items aggregating $3,526.35. The case shows that plaintiffs did not remit any portion of the verdict pursuant to the order of the Circuit Judge. Compliance would have deprived plaintiffs of their right to test the validity of the order on appeal. Had there been no appeal, the failure of…