Sweeney v. Carter

Mrs. Carter sued Mrs. Sweeney for criminal conversation and alienation of her husband’s affections. There was a verdict for her for $4,000. The trial judge suggested a remittitur of $2,500, which Mrs. Carter accepted under protest, and judgment was entered for her for $1,500. Both parties appealed in error.

Mrs. Carter’s assignments of error complain of the remittitur. The only case in which one may accept a remittitur under protest so as to save the question for appellate review is where the remittitur is suggested by the trial judge because he thinks the verdict is so excessive as to…