MARKELL, J., delivered the opinion of the Court.
This is an appeal by defendant from an order overruling a motion to strike out a judgment for plaintiff. The case, removed from Wicomico County, is a suit for damages for assault and battery. On October 21, 1948 the jury was sworn, the case tried, and a verdict for $4,000 rendered. On November 19th defendant's motion for a new trial was granted unless plaintiff should file a remittitur of $500. On November 22d the remittitur...
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