128 US 394 Pacific Postal Tel Cable Co v. O'Connor

128 U.S. 394

9 S.Ct. 112

32 L.Ed. 488


November 19, 1888.

Andrew Wesley Kent, for plaintiff in error.

D. M. Dolmas, for defendant in error.


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This was an action to recover damages for personal injuries, which resulted, August 29, 1888, in a verdict for $5,500. Upon the return of the verdict the court directed, as minuted by the clerk, judgment to be entered thereon. On the 30th day of August the plaintiff below, by his counsel, asked leave in open court to remit the sum of $500, which was granted, and judgment rendered for $5,000 and costs, 'and now so appears of record.' Subsequently the defendant below moved to set aside the allowance of the remittitur, and to correct the judgment, which motion was denied by the court, and defendant excepted, and by bill of exceptions brought the court's direction to the clerk of August 29th into the record, and the fact that the judgment of August 30th was rendered in the absence of defendant and his counsel. A writ of error having been subsequently prosecuted to reverse the judgment, defendant in error moves to dismiss it for want of jurisdiction. We cannot hold upon this record the action of the circuit court to have been in abuse of its discretion, and, as the judgment as it stands is for $5,000 only, the motion to dismiss must be granted. Insurance Co. v. Nichols, 109 U. S. 232, 3 Sup. Ct. Rep. 120; Bank v. Redick, 110 U. S. 224, 3 Sup. Ct. Rep. 640; Thompson v. Butler, 95 U. S. 694. Writ of error dismissed.