#### James Welsh v. William D. Johnson.

Remittitur in Supreme Court—costs. Where judgment in the circuit court was rendered for too large a sum upon a promissory note, and the appellee, the plaintiff" below, on appeal to this court, and on the first day of the term, entered a remittitur for the excess above the true amount, the judgment was affirmed, the costs in this court being taxed against the appellee.

Appeal from the Circuit Court of McLean county; the . Hon. Thomas F. Tipton, Judge, presiding.

This was an action of assumpsit, by William D. Johnson, against James Welsh, upon a promissory note. The court, in assessing the plaintiff’s damages, found $28.10 more than was due on the note, which was assigned for error. The appellee, on the first day of this term of this court, appeared and remitted $28.10 of the judgment.

Mr. O. T. Reeves, for the appellant.

Messrs. Rowell & Hamilton, for the appellee.

Per Curiam :

The only error complained of, is, that the judgment was for too much by $28.10. The appellee, on the first day of the term, entered a remittitur of that amount, thus curing the error complained of. The judgment will, therefore, be affirmed, and the costs in this court will be taxed against appellee.

Judgment affirmed.