Lambert v. Blackman
Indiana Supreme Court
ERROR to the Vigo Circuit Court. — Assumpsit on a promissory note. Plea, the general issue. The note was in the French language, but was declared on as if it had been in English. The variance, at the trial, was held immaterial. The damages were laid in the declaration at 300 dollars. The jury gave a verdict for 322 dollars and 28 cents in damages; for which sum, together with costs, judgment was entered during the terra.
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ERROR to the Vigo Circuit Court. — Assumpsit on a promissory note. Plea, the general issue. The note was in the French language, but was declared on as if it had been in English. The variance, at the trial, was held immaterial. The damages were laid in the declaration at 300 dollars. The jury gave a verdict for 322 dollars and 28 cents in damages; for which sum, together with costs, judgment was entered during the terra. Afterwards, in the same term, the plaintiff below, by leave of the Circuit Court, entered a remittitur of 22 dollars and 28 cents, the extra sum.
1Opinion of the CourtHolman, J.
One error assigned is, that the note, being in the French language, should have been set forth in that language, in the declaration. We are of opinion, that the nature and extent of the obligation created by the note, were all that were requisite in pleading, and these are sufficiently set forth in the. English language (1). The entry of the remittitur after judgment, is also assigned for error. A remittitur is most regular *60ly entered before judgment, but it may be entered at any time after judgment, while the proceedings of the term are yet before the Court. And even after a writ of error is…
2Cited by3 opinions
- Crockett v. CalvertIndiana Supreme Court · 1856
- Murray v. PhillipsIndiana Supreme Court · 1877
- Bower v. DeidekerSupreme Court of Iowa · 1874