If a part of a verdict is legal and a part illegal, the court will construe the verdict and order it amended by entering a remittitur as to that part which is illegal and giving judgment for the balance.
(Orig. Code 1863, § 3423; Code 1868, § 3443; Code 1873, § 3493; Code 1882, § 3493; Civil Code 1895, § 5112; Civil Code 1910, § 5696; Code 1933, § 110-112.)
RESEARCH REFERENCES
Am. Jur. 2d.
- 75B Am. Jur. 2d, Trial, § 1612 et seq.
C.J.S.- 89 C.J.S., Trial, §§ 1074 et seq., 1166 et seq.
ALR.
- Power of court to mold or amend verdict with respect to the parties for or against whom it was rendered, 106 A.L.R. 418.
Power of appellate court to remit portion of verdict or judgment covering period barred by statute of limitations, 26 A.L.R.2d 956.
Verdict in excess of amount demanded as requiring new trial notwithstanding voluntary remittitur, 65 A.L.R.2d 1331.