David Josiah Brewer

“ A man may continue litigation, and stand on his rights, or he may waive some of his rights for the sake of terminating litigation; and, when advised that a new trial will be granted unless he consents to a reduction of the verdict, he may, although knowing that the court has no power to grant such new trial, and that, if it be done, an appellate court will correct the error, consent to a reduction, and let judgment be entered for the amount of the verdict thus reduced ”

“ It is unnecessary to express any opinion as to the right of a party to file a motion for a new trial more than four days after the verdict, nor to decide whether the court can or cannot, in the absence of any motion, of its own volition, whenever it sees that a grievous wrong has been done by a verdict, set it aside, for there is nothing which prevents a party having a verdict from consenting to its reduction ”

“ Because plaintiff cannot apply to the supreme court for a writ of mandamus to order the court to enter judgment upon a verdict until a motion for such judgment has been refused, nor can defendant take a writ of error until a judgment on the verdict is entered up. ”