Pacific Postal Tel Cable Co v. Connor
| Decision Date | 19 November 1888 |
| Citation | 9 S.Ct. 112,32 L.Ed. 488,128 U.S. 394 |
| Parties | PACIFIC POSTAL TEL. CABLE CO. v. O'CONNOR |
| Court | U.S. Supreme Court |
Andrew Wesley Kent, for plaintiff in error.
D. M. Dolmas, for defendant in error.
This was an action to recover damages for personal injuries, which resulted, August 29, 1888, in a verdict for $5,500. Upon the return of the verdict the court directed, as minuted by the clerk, judgment to be entered thereon. On the 30th day of August the plaintiff below, by his counsel, asked leave in open court to remit the sum of $500, which was granted, and judgment rendered for $5,000 and costs, 'and now so appears of record.' Subsequently the defendant below moved to set aside the allowance of the remittitur, and to correct the judgment, which motion was denied by the court, and defendant ex- cepted, and by bill of exceptions brought the court's direction to the clerk of August 29th into the record, and the fact that the judgment of August 30th was rendered in the absence of defendant and his counsel. A writ of error having been subsequently prosecuted to reverse the judgment, defendant in error moves to dismiss it for want of jurisdiction. We cannot hold upon this record the action of the circuit court to have been in abuse of its discretion, and, as the judgment as it stands is for $5,000 only, the motion to dismiss must be granted. Insurance Co. v. Nichols, 109 U. S. 232, 3 Sup. Ct. Rep. 120; Bank v. Redick, 110 U. S. 224, 3 Sup. Ct. Rep. 640; Thompson v. Butler, 95 U. S. 694. Writ of error dismissed.
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Louisville Co v. Steel Iron Co
...may be treated as a remittitur by that company of a part of the amount originally awarded. Pacific Postal Telegraph Cable Co. v. O'Connor, 128 U. S. 394, 9 S. Ct. 112, 32 L. Ed. 488. The order of July 12 operates as the entry of the remittitur, and appropriate amend- ments in the pleadings ......
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Anderson v. Western Union Telegraph Co.
... ... Co. v. Nichols, ... 109 U.S. 232, 3 Sup.Ct. 120, 27 L.Ed. 915; Pacific Postal ... Tel. Co. v. O'Connor, 128 U.S. 394, 9 Sup.Ct. 112, ... 32 ... ...
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Powers v. Chesapeake & O. Ry. Co.
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Woods v. Massachusetts Protective Ass'n
...of a part of his recovery to defeat the defendant's right to appeal or sue out a writ of error. Pacific Postal Tel. Cable Co. v. O'Connor, 128 U. S. 394, 9 S. Ct. 112, 32 L. Ed. 488; Texas & Pacific R. Co. v. Horn, 151 U. S. 110, 14 S. Ct. 259, 38 L. Ed. There is, however, an instance where......