87 So. 158 | Ala. | 1920
Lead Opinion
The previous appeal of this with a companion cause is reported in
"September 11, 1919, judgment for damages and unlawful detention of property sued for reduced to $150.00 in the case of Jesse Johnson against the defendant and motion to set aside verdict and judgment overruled."
The plaintiff (appellant) not only did not consent to this reduction, but "excepted" to the action thus taken. The trial courts in this state are without power or authority to reduce the amount of a verdict — with a view to removing the part that is excessive — unless the plaintiff, on hearing of defendant's motion for new trial taking the objection that the amount of the verdict is excessive, offers to remit the excess, definitely stated, or accepts the tender of the court to overrule the motion if the excess, definitely stated, is remitted by the plaintiff. Montgomery Traction Co. v. Knabe,
The order quoted above is affected with error. It is reversed, with direction to the trial court again to hear and pass upon grounds 63 to 66, inclusive, of the motion for new trial.
Reversed and remanded with directions.
ANDERSON, C. J., and SOMERVILLE and THOMAS, JJ., concur.
Addendum
The main appeal in this case (L. N. R. R. Co. v. Johnson) having been subsequently reversed and remanded on the authority of L. N. R. R. Co. v. James,
ANDERSON, C. J., and SOMERVILLE and THOMAS, JJ., concur.