Reports of Cases Decided in the Supreme Court of the State of Indiana Volume 33
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1892 edition. Excerpt: ... the practice of this court, in this respect, is as follows: "When the judgment is reversed, in whole or in part, the Supreme Court shall remand the cause to the court below, with instructions for a new trial, when the justice of the case requires it; but if no new trial is required, with particular instructions relative to the judgment to be rendered, and all modifications thereof." 2 G. & H. 276, sec. 570. ' Where the amount of the recovery, whether it be for alimony or damages, is too much or too little, it presents one of the eases in which justice requires a new trial; and I can see no basis on which this court can proceed to reverse the judgment and reassess the amount, and direct the court below to render judgment accordingly, unless it be upon the broad principle that this court can, in all cases, determine from the evidence brought before us what judgment shall be rendered, and direct the court below to enter it up accordingly. This would be equivalent to trying the case de nova in this court, and requiring the court below to enter up its decrees. There is ample scope for the operation of the latter branch of the section above quoted, in reference to instructing the court below relative to the judgment to be rendered; for where the facts are found, either specially by the court, or by special verdict, or by the jury in answer to interrogatories, and probably where the facts are agreed upon, and the judgment below is not such as the facts thus found require, this court will, undoubtedly, having reversed the judgment, remand the cause with instructions to render judgment such as this court thinks should be rendered upon such facts thus found. In the case of Conner v. Conner, 29 Ind. 48, the case on which the...
- Paperback | 214 pages
- 189 x 246 x 11mm | 390g
- 13 Sep 2013
- Illustrations, black and white