REMITTITUR OF RECORD

The returning or sending back by a court of appeal of the record and proceedings in a cause, after its decision thereon, to the court whence the appeal came, In order that the cause may be tried anew, (where it is so ordered,) or that Judgment may be entered in accordance with the decision 'on appeal, or execution be issued, or any other necessary action be taken in the court … [Read more...] about REMITTITUR OF RECORD

practice. The act of the plaintiff upon the record, whereby he abates or remits the excess of damages found by the jury beyond the sum laid in the declaration. … [Read more...] about REMITTITUR DAMNUM OR DAMNA

Latin: In practice. An entry made on record, in cases where a jury has given greater damages than a plaintiff has declared for, remitting the excess. 2 Tidd, Pr. 896. … [Read more...] about REMITTITUR DAMNA

An entry on the record by which the plaintiff declares that he remits the damages or a part of the damages which have been awarded him by the jury, is so called. 2. In some cases, a misjoinder of actions may be cured by the entry of a remittit damna. … [Read more...] about REMITTIT DAMNA

The relation back of a later defective title to an earlier valid title. Remitter is where he who has the true property or jus proprietatis in lands, but is out of possession thereof, and has no right to enter without recovering possession in an action, bas afterwards the freehold cast upon him by some subsequent and of course defective title. In this case he is remitted, or … [Read more...] about REMITTER