Booth

The opinion and decision of this court in the above-entitled cause rendered on the seventh day of June, 1932, having contained the following in the concluding paragraph, to wit: “Second: that the judgment awarding the plaintiff punitive damages, and also awarding the plaintiff compensatory damages, is reversed, and the cause remanded for a new trial as to these two issues, unless the respondent shall, within twenty days from the date of filing this opinion, file in this court a remittitur of all compensatory damages in excess of the sum of $607.25, and also for all sums awarded as punitive damages in excess of the sum of $500, and if such remittitur be filed, the judgment herein shall be modified in accordance herewith, and as so modified, affirmed. If the remittitur is so filed, respondent will be awarded costs.”

And it appearing that respondent has filed in this court, on the fifteenth day of June, 1932, a remittitur of all compensatory damages in excess of the sum of $607.25, and also of all sums awarded as punitive damages in excess of the sum of $500, the judgment is modified in accordance therewith, and as so modified, is affirmed. Respondent is awarded costs.

A petition…

This action was tried before a jury and the verdict rendered therein is in the following words and figures, to wit (omitting title) : “We, the jury in the above entitled cause, find for the plaintiff Vida D. Booth, and against the defendant G. H. Bertram, that the plaintiff is entitled to the possession of the motor vehicle described in the complaint in this action, and if delivery cannot be had, then for the value thereof, and we find the value of said motor vehicle to be $650.00. And we find the plaintiff’s damage to be $1,350.00. And we find for the plaintiff in the sum of $1,500.00 as exemplary and punitive damages.” Judgment was entered for the plaintiff in accordance with the verdict, and from this judgment this appeal is prosecuted.

The record shows that on and prior to the nineteenth day of March, 1930, Vida D. Booth was the owner of a certain Ford “Town” sedan, on which date the plaintiff being desirous of borrowing the sum of $390,' executed a bill of sale purporting to convey said automobile to the Peoples Finance and Thrift Company, the consideration stated therein being the sum of $450. Thereupon the Finance and Thrift Company executed and delivered to the plaintiff…

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 133 This action was tried before a jury and the verdict rendered therein is in the following words and figures, to wit (omitting title): "We, the jury in the above entitled cause, find for the plaintiff Vida D. Booth, and against the defendant G.H. Bertram, that the plaintiff is entitled to the possession of the motor vehicle described in the complaint in this action, and if delivery cannot be had, then for the value thereof, and we find the value of said motor vehicle to be $650.00. And we find the plaintiff's damage to be $1,350.00. And we find for the plaintiff in the sum of $1,500.00 as exemplary and punitive damages." Judgment was entered for the plaintiff in accordance with the verdict, and from this judgment this appeal is prosecuted. The record shows that on and prior to the nineteenth day of March, 1930, Vida D. Booth was the owner of a certain Ford "Town" sedan, on which date the plaintiff being desirous of borrowing the sum of $390, executed a bill of sale purporting to convey said automobile to the Peoples Finance and Thrift…