Kosten v. Fleming

This matter is before us on a motion of respondents, Inglis Fleming and Mary Fleming, his wife, and C. Gordon Fleming, their son, to recall the remittitur issued on January 15, 1943, and to correct the judgment of the court contained therein, in so far as it directs the recovery of damages and costs against respondent C. Gordon Fleming, by striking therefrom all provisions for damages and costs against that respondent, and also to clarify the judgment by stating under what statute the trial court is to assess damages —that is, the state statute or the appropriate sections of the Federal…