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Remittere

A Dictionary of Law · William C. Anderson · 1889

A Dictionary of Law

To send back: to release; to remit.

Remittit.

He releases; he surrenders.

Remittit Tir

It is sent back; also, it is released.

1.

Relinquishment of a part of the damages found by a jury.

Remittitur damnum

The damage is released.

Bemittitur damna

It is released as ■ state V. Young, 29 Minn. 634 (1831), Gilfi Uan, C. J. s Brown v. Maffey, 15 East, 316 (1812). = Baldwin v. United States Telegraph (3o., 6 Abb. Pr. 423 (1867). •"Craig V. Cook, 88 Minn. 237 (1881), cases; North. Paclflc R. Co. V. Herbert,, 116 U. S, 646 (1886), cases; 3 Mas. 107; 36 Cal. 462; 3 Col. 571; 4 Conn. 311; 74 111. 399; 35 Iowa, 432; 28 Me. 97; 97 Mass. 213; 49 N. H. 358; to damages, Remittit damna.

He releases damages

Where an award of daipages is excessive, the court may give the plaintiff the alternative of entering a remittitur- as to the excess, and recovering a judgment upon the verdict as reduced, or of taking his chances under a new trial.' Where, after judgment for a sum of money, a remittitur is entered as to a part, the remittitur does not bind the party making it, if the judgment be vacated or set aside.* 3. Returning a record from the court of review to the lower court for proceedings as specified, as, for execution, or a new trial.