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TEXAS & PACIFIC RY. CO. V. HORN, 151 U. S. 110 (1894)

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U.S. Supreme Court

Texas & Pacific Ry. Co. v. Horn, 151 U.S. 110 (1894)

Texas & Pacific Railway Company v. Horn

No. 163

Argued and submitted December 13, 1893

Decided January 3, 1894

151 U.S. 110


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 $6,000.00, it is therefore ordered and adjudged by the court that execution issue for the sum of $4,900.00 only, and all costs herein."

The order of allowance of the writ of error declared that the judgment was rendered for $4,999, and the bond and citation so described it. Held that, upon the entire record, the judgment must be held to be for no larger sum than $4,999.

The case is stated in the opinion.

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