Griffin v. Witherspoon

Decided January 15, 1850

Supreme Court of Georgia · decided 1850-01-15

Case for deceit, in Sumter Superior Court. Tried before Judge Warren, November Term, 1849. This was an action for deceit, with damages laid at $ 100Ó. The Jury found a verdict for the plaintiff for $1000, with interest from 20th October, 1841. Defendant moved for a new trial, on the ground that the verdict was illegal as to the interest. The plaintiff entered a remittiter for the interest. The Court, notwithstanding, granted a new trial on this ground, and plaintiff excepted.

Good law ✅— No negative treatment on recordhow we know

Decided 1850-01-15

How this case has been cited

Cited by 3 later decisions — most recently May 1966

3 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

¶1By the Court.

Warner, J.

¶2delivering the opinion.

¶3[1.] The ground taken in the Court below for a new trial was, that the Jury had found a verdict for a greater amount of damages than the plaintiff had alleged in his declaration; whereupon, the plaintiff entered upon the record a remittiter for all the damages found by the Jury, over and above the amount claimed in the declaration. We think the plaintiff had the right to remit the excessive damages found by the Jury, and as that was the only ground taken for a new trial, the motion ought to have been refused. We do not readily perceive the reason or the policy which requires a party to litigate, when he is willing to surrender to his adversary all that he claims. See Tidd’s Practice, 806.

¶4Let the judgment of the Court below be reversed.