Clark v. Sidway

Citations

• 142 U.S. 682
• 12 S. Ct. 327
• 35 L. Ed. 1157
• 1892 U.S. LEXIS 2003

Syllabus

<p>Persons who jointly purchase land to hold it for a rise in value are not partners but are tenants in common, and either party can sue the other at law for reimbursement of allowances made by him on the joint account, without there having first been a final settlement and the striking of a balance.</p> <p>In considering the amount necessary for the jurisdicton of this court on a writ of .error, not only is the amount of the judgment against the plaintiff in error to be regarded, but, in addition, the amount of a counter claim which he would have recovered, if his contention setting it up had been sustained.</p> <p>It was held that the plaintiff in error had no right to complain of the action of the court below in allowing a remittitur of $2700.75' on a verdict of $6700.75; or in allowing the jury to fill up, in open court, the amount of a verdict which they had signed and sealed, leaving a blank for the amount.</p>