McCausland v. Wonderly

Citations

• 56 Ill. 410

Syllabus

<p>1. Remittittjb—of the form of entry thereof. A plaintiff who had recovered a verdict, expressing a readiness to enter a remittitur as to part, to mdeti the views, of the court, a judgment was entered for $1,250, the full amount of the verdict, less $600, to be remitted, etc. This was held to be informal, and the judgment was reversed in order that the plaintiff might properly enter a remittitur and then take his judgment in proper form.</p> <p>2. Evidence—proof of one?s own statements—res gestm. In an action for malicious prosecution, for the alleged unlawful arrest of the plaintiff upon a charge of larceny, it appeared the prosecution was dismissed by the justice, and it was held incompetent for the defendant to prove what he, himself, stated at the time the prisoner was discharged, as the reason of his failure in the prosecution. A party can not make evidence for himself in this way and claim its admissibility as res gestm.</p> <p>3. New tbial — remittitur. A court can not compel a party to remit a part of his verdict; but if a plaintiff prefers to remit a part of a verdict he has recovered, in order to meet the view of the court and to avoid a new trial upon the ground of excessive damages, he can not assign that for error.</p>