5. The verdict of the jury fixed the value of the furniture at $1,500, and awarded the plaintiff damages to the amount of $500 on account of the taking. Upon entry of judgment the plaintiff remitted the damages, the judgment entered being in the alternative, for the possession of the property, or for $1,500 in case return could not be had. The defendants insist upon a reversal of the judgment and order because the judgment is not in strict accordance with the verdict. The evi-' dence clearly does not sustain any finding for damages. If the judgment had included the amount so awarded, the district court would doubtless have given the plaintiff the option to remit the erroneous allowance or submit to a new trial, for the defendants would then have been entitled to it; but inasmuch as the same end was accomplished by the voluntary act of the plaintiff, and as the defendants secured all of the relief which . they would have been entitled to on the motion, we do not think that the fact that the usual course in such cases was not pur- • sued is a sufficient ground upon which to order a new trial. In any event, the issue as to damages being clearly separable from the other issues in the case, this court, in order to correct a judgment including them, would not have ordered a, new trial of the whole case, but of this issue only. (Collier v. Fitzpatrick, 19 Mont. 562, 48 Pac. 1103; Chicago Title & Trust Co. v. O'Marr, 25 Mont. 242, 64 Pac. 506.)