Bond

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 272 This is an action by the plaintiff, as a parent, to recover damages for the death of her son, Gustave Fritz, alleged to have been caused by the negligence of the defendant. His father died before the injury occurred. The jury returned a general verdict in favor of the plaintiff for the sum of forty-five hundred dollars. Answers were also made and returned by the jury to certain particular questions of fact. The defendant moved the court, upon certain of these answers, to render judgment for the plaintiff for the sum of four hundred and five dollars and no more. The plaintiff moved the court, upon all the answers, to render judgment for plaintiff for the sum of sixty-nine hundred dollars. The motion of plaintiff was denied and that of the defendant granted. Judgment was *Page 273 entered accordingly for four hundred and five dollars in favor of the plaintiff. Thereafter plaintiff moved the court to vacate the judgment so entered, and to render judgment in her favor for sixty-nine hundred dollars, or, failing that, then for the sum of…

The appellant asks the court to modify the judgment heretofore given by adding a direction that in giving the judgment in the court below the accrued interest on the verdict shall be included. Our consideration of the verdict and judgment was entirely in relation to the state of the case at the time the judgment appealed from was given in the court below. It was with reference to that period that we directed the entry of judgment by that court for the sum of forty-five hundred dollars, upon the going down of the remittitur. There was no intention to restrict the power of the court below, or of its clerk, to perform the ministerial duty of computing the interest which has accrued between the date of the return of the verdict and the entry of the judgment and including it in the judgment finally entered, as provided by section 1035 of the Code of Civil Procedure. The court below will be at liberty to perform that duty, or see that its clerk does so, notwithstanding the language of the mandate of the decision hereinbefore given by this court. *Page 288