Sales

A motion to dismiss an appeal from an order denying a motion for judgment notwithstanding the verdict.

The verdict was against the defendant, following which judgment was entered in due course. Previous to the submission of the cause to the jury, defendant moved the court for a directed verdict, which was denied. With his motion for a new trial defendant asked for judgment notwithstanding the verdict. A new trial was granted, but the motion for judgment was denied. From the latter order the appeal was taken.

No motion for judgment notwithstanding the verdict was made before the entry of the judgment on the verdict. Plaintiff contends that under the provisions of section 629 of the Code of Civil Procedure this was necessary, and that such a motion made thereafter came too late.

The section reads as follows: “When a motion for a directed verdict, which should have been granted, has been denied and a verdict rendered against the moving party, the court, at any time before the entry of judgment, either of its own motion or on motion of the aggrieved party, shall render judgment in favor of the aggrieved party notwithstanding the verdict.

The provisions of this section have been…