(dissenting). Upon what grounds the district court proceeded when it required the plaintiff to remit a portion of the judgment the record fails to disclose, and I am forced to the conclusion that a finding of the court must be implied to 'the effect stated in the opinion. It seems to me error is assumed or presumed, and clearly such is not the rule. The presumption must be indulged that the court granted all the relief the defendant was, in the judgment of the court, entitled to.