Fink

This original proceeding seeks to prohibit the respondent court from entertaining or passing upon a motion for a new trial in the case of Benjamin Fink, Plaintiff, v. William Weisman et al., Defendants. The circumstances giving rise to this petition are as follows: The case mentioned was tried by the respondent court with a jury. The jury returned its verdict in favor of plaintiff on March 18, 1930, and immediately the defendants orally made motions for a judgment in their favor notwithstanding the verdict of the jury. The court continued the hearing until the following day at 2 o’clock- P. M. Prior to the argument counsel for defendants filed with the court written motions for a judgment notwithstanding the verdict, which written motions were different from those orally made, in this: that the former were in the alternative, that is, reserving to themselves the right to apply for a new trial in the event of a denial of their motions for judgment, which motions were in fact denied by the court. It is now insisted ■that the defendants had no right to interpose the written motions after the oral motions were made and that by reason of their' failure to word the oral motions in the…