Security Ben. Ass'n v. Tucker

On Appellee’s Motion for Rehearing.

Since we announced our original opinion reversing the judgment in the above cause, appellee has filed herein a remittitur in the sum of $408.88, thereby reducing her judgment to the sum of $2,000, and she now asks that we affirm the judgment of the trial court. The remittitur brings the amount of the recovery within .the amount properly alleged in the petition, and therefore the error for which we previously reversed the judgment of the trial court has been cured.

Since the defendant defaulted in the lower court, it thereby admitted the truth of all the facts…