57 Ind. App. 267 | Ind. Ct. App. | 1914
Appellee brought this action against appellant to recover $39.50 alleged to be due him for labor, $1 per day penalty for each day from January 15, 1912, the last day on which appellee worked for appellant, to the date of final judgment, and attorney’s fees. Judgment was rendered by the court in favor of appellee for $81.75. The court was in error, in allowing a recovery of $1 a day penalty, and attorney’s fees, since there is no valid
The court should have sustained the motion of appellant for a new trial, on the ground that the assessment of the amount of recovery is. erroneous, being too large. There is some evidence tending to show that appellant owed appellee for labor $39.51. The judgment is affirmed as to $39.54, at appellee’s cost, upon condition that appellee will within thirty days from this date enter upon the judgment docket of the court below, a remittitur of $42.21, and file the certificate of the clerk of such court with the clerk of this court that such remittitur has been so made; otherwise the judgment will be reversed, at cost of appellee, and the cause remanded for new trial.
Note. — Reported in 106 N. E. 902. As to the validity and effect of statutes regulating the time of payment of wages, see 21 L. R. A. 797 ; 28 L. R. A. 344; 15 L. R. A. (N. S.) 350; 27 L. R. A. (N. S.) 255 ; 35 E. R. A. (N. S.) 549; 51 E. R. A. (N. S.) 1097; 9 Ann. Cas. 238; 13 Ann. Cas. 482. See, also, 26 Cye. 1065.