Texas & Pacific Railway Co. v. Horn

Citations

• 151 U.S. 110
• 14 S. Ct. 259
• 38 L. Ed. 91
• 1894 U.S. LEXIS 2037

Syllabus

<p>A verdict being returned for plaintiff for $11,000, on suggestion of the court a remittitur of $6001 was entered. As recorded, the terms of the judgment were: “ It is, therefore, ordered and adjudged by the court that' the plaintiff, Henry Horn, do have and recover of the defendant, the Texas & Pacific Railway Company, the sum of eleven thousand dollars and all costs in this' behalf expended. And it appearing to the court that on this day the plaintiff filed, in writing, a remitter of $6000.00: It is, therefore, ordered and adjudged by the court that execution issue for the sum of $1999.00 only, and all costs herein.” The order of allowance of the writ of error declared that the judgment was rendered for $1999, and the bond and citation so described it. Held, that, upon the entire recorcj, the judgment must be held to be for no larger sum than $4999.</p>