William Johnson, President Directors and Company of the Bank of the Commonwealth of Kentucky v…
“ Of consequence, the declaration makes out a less sum, and one debt less in number than the writ claims or the judgment gives. This is error: but the plaintiffs now move for leave to cure it, by entering a remittitur of the debt so omitted, and damages pro tanto. And this Court has taken time to consider the motion.That the party would have had a right to remit in the court below cannot be questioned: it is every day's practice sustained by the gravest precedents. ”
