Opinion
No. 19,362.
Filed July 11, 1963. Rehearing denied September 17, 1963. Petition to reconsider denied September 30, 1963.
From the Starke Circuit Court, John J. Davie, Special Judge.
Oscar Strom, appellee, was awarded attorney's fees for services rendered to an estate. The judgment of the trial court was affirmed in an opinion by the Appellate Court and petition to transfer is filed by appellant, Josephine Pelkey, Administratrix de bonis non of the Estate of Agnes Kruzick, deceased.
Petition to transfer denied. Reporter's Note. — See Appellate Court opinion 187 N.E.2d 753.
Nichols Nichols, of Knox and Stevens Wampler, of Plymouth, for appellant.
Strom Whitted, of Gary, for appellee.
ON PETITION TO TRANSFER
The petition to transfer to this Court is denied. We do not, however, by our denial of transfer approve of the statement in the opinion of the Appellate Court reported in ___ Ind. App. ___, 187 N.E.2d 753, as to the lack of authority of such court to enter a remittitur or to reduce the amount of the judgment. See: 2 I.L.E., Appeals, § 655; Lowe's Rev. of Works' Ind. Pract., Vol. 3, § 57.9.
Jackson, J., concurs in result.
NOTE. — Reported in 191 N.E.2d 711.