1 Smith & H. 262
Superior Court of New Hampshire
Decided February 15, 1809
Superior Court of New Hampshire · decided 1809-02-15
This was assumpsit on account annexed to writ. Defendant pleaded non-assumpsit, and set-off. At the former trial, February Term, 1808, jury gave defendant, Twombly, balance, $2.36. He remitted $2.26, and took judgment for 10 cents, and costs. [The original plaintiff, Dame, then brought this review.] At this Term, jury gave defendant balance, $4.50.
Decided 1809-02-15
¶1Twombly must now have execution for $4.40, and costs of review. He is not bound by the remittitur at February, 1808, so that the jury could not give him more. Of the sum they have now given him, he has received 10 cents only; that must be deducted. The only effect of the remittitur was, that the verdict, instead of being for defendant, $2.36, stood 10 cents.
¶2Execution awarded accordingly.