50 Kan. 476 | Kan. | 1893
The opinion of the court was delivered by
There was a recovery in this action for the wrongful conversion of live stock. The property alleged to have been converted consisted of hogs and cattle, and the trial court made a general finding in favor of the plaintiff below for all the hogs and cattle claimed by him, and judgment was accordingly entered. In the original opinion, it was decided that there was abundant evidence to sustain the finding as to the hogs, but not sufficient to support the finding as to the cattle. We are now asked to reexamine the record, and determine therefrom the number of animals for which the plaintiff below was entitled to recover, and to direct judgment accordingly.
It was said in the first opinion that, if there had been a special finding stating the number and value of the hogs con
If Guthrie shall, within 30 days, remit all that portion of the judgment awarded which is in excess of the amount of recovery for the hogs, the judgment of the district court, to that extent, will be affirmed; and unless this remission is made the judgment of the district court will be reversed.