If the damages recovered be in such excess that judgment will not be rendered on the verdict, it has been already said, (aa) that it is not unusual for the plaintiff to have the leave of court to remit a part of them. This is easily done where the excess arises from mere miscalculation; and it is intimated that in this case the remittitur may be entered by the plaintiff without going to the court, (ab) But, generally, the entry should be made on leave.

If the remittitur be entered on the verdict, the judgment may be affirmed on the balance, (ac) But the remittitur may also be upon the judgment. In this case the judgment may be reversed and a new judgment entered for the balance, or it may be affirmed for the balance;(ad) and it will be affirmed and not reversed, if that be necessary to preserve a lien on the judgment (ae)