Court of Appeals of Texas November 13, 1876, No. —, Op. Book No. 1, p. 162 (Nicholson v. Ende)

Opinion by

Ector, P. J.

§ 496. Remittitur after writ of error sued out; effect of. The judgment was excessive. Defendant filed his petition and bond for writ of error, but, before the transcript was obtained, the plaintiff in the judgment filed in the record a remittitur of the excess of the judgment, and this was incorporated in the record sent up.