If any judgment is rendered, by mistake or clerical error, for a larger sum than is due, the party recovering the judgment may have the amount of the judgment decreased by remittitur to the amount which is due, provided reasonable notice has been given to the adverse party or his attorney. The court may thereupon order the record of the judgment to be corrected, and affirm the judgment for the amount to which it has been decreased.
(1949 Rev., S. 7961; P.A. 78-280, S. 104, 127; P.A. 82-160, S. 113.)
History: P.A. 78-280 rephrased section and deleted reference to remittance of excess sum rendered in judgment by mistake or clerical error “at the same or any subsequent term or session of the court in which it was rendered”, reflecting fact that court now sits continuously; P.A. 82-160 rephrased the section.
Otherwise before statute. 4 C. 311. Applies where judgment exceeds damages claimed. 75 C. 255; Id., 263; 82 C. 619. Court may order; 69 C. 652; 71 C. 23; 78 C. 296; 81 C. 101; so Supreme Court may direct new trial unless part of damages remitted; 83 C. 278; 85 C. 24; Id., 611; 86 C. 319; 87 C. 686; so trial court may direct verdict to be set aside on same condition; 82 C. 171; and when court takes that course, party cannot take advantage of it after appeal. 89 C. 712. Where damages assessed as of wrong date, Supreme Court remanded case, with directions to set verdict aside unless remittitur filed. 93 C. 123. Court may in its discretion either order excessive verdict set aside unless remittitur filed or set it aside unconditionally. 126 C. 571. Action of trial court in ordering remittiturs will not be reversed unless the broad legal discretion vested in the trial court was abused. 147 C. 719. An obviously erroneous judgment can be corrected to conform to the finding of the trial court. 148 C. 504. Excessive judgment must be assigned as error on appeal. 154 C. 179. Cited. 230 C. 795.
Cited. 26 CA 231; 32 CA 617; judgment reversed, see 230 C. 795.
When court will set aside a verdict as excessive. 21 CS 233.
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