Wells v. Max T. Morgan Co.

Nine members of a jury of twelve returned a verdict in favor of plaintiff in this action for malicious prosecution. The verdict assessed the sum of $2,500 actual damages and $1,-000 punitive damages. Defendant filed a motion for new trial. After hearing extended arguments on the motion, the trial court announced that the motion for new trial would be sustained unless plaintiff should file remittitur of $506 actual damages and $500 punitive damages. Plaintiff filed a written refusal to accept the remittitur and judgment and order was entered sustaining the motion for new trial. From that order…