Thompson v. Bullard's Lessee
Tennessee Supreme Court
Ejectmment from the Circuit Court of Claiborne County. In this case there was a verdict for the plaintiff for a greater amount of land than, according to his own admissions, he had a right to recover.. Whereupon, it seems, the defendant moved the court for a new trial, which upon the proposal of the plaintiff not to take possession of the part of said land to which he was not entitled, was refused.
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Ejectmment from the Circuit Court of Claiborne County. In this case there was a verdict for the plaintiff for a greater amount of land than, according to his own admissions, he had a right to recover.. Whereupon, it seems, the defendant moved the court for a new trial, which upon the proposal of the plaintiff not to take possession of the part of said land to which he was not entitled, was refused. Afterwards on the plaintiff’s demand the court rendered judgment in pursuance of the verdict, and awarded a writ of possession accordingly; from which judgment the defendant appealed in error to…
1Opinion of the Court
Me KiNNEY -J. :
A remittitur in an action of ejectment is authorized, but it should have been entered of record and the court should have pronounced judgment accordingly.
To have cured the verdict, the plaintiff instead of a mere offer not to take possession, ought to have made such a release or relinquishment as would have had the proper legal ■efficacy of settling all controversy in future, as to so much of the land as, by the plaintiff’s admission, he had no right to *92recover. Upon this point alone we reverse the judgment and award a new trial. [1] Judgment reversed.(1) A party appealing on…
2Cited by6 opinions
- Burns v. HiattCalifornia Supreme Court · 1906
- Seventh-Day Adventist Publishing Ass'n v. FisherMichigan Supreme Court · 1893
- Reagan v. McBroomTennessee Supreme Court · 1932
- Stoner v. RiggsMichigan Supreme Court · 1901
- Fielder v. GehringDistrict Court, D. Hawaii · 2000
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