This cause was taken over after decision in the District Court of Appeal, Second Appellate District, Division Two, in order that we might more thoroughly consider the questions of law involved. An examination of the authorities satisfies us as to the correctness of the opinion heretofore prepared by Mr. Justice Fricke, pro tempore,, and we hereby adopt the same as and for the decision of this court. It reads:

In support of the proposition that the making of a motion for a directed verdict is a condition precedent to the entry of judgment non obstante veredicto, see, also, Estate of Yale, 214 Cal. 115 [ 4 Pac. (2d) 153 ]; Estate of Fleming, 199 Cal. 750 [ 251 Pac. 637 ]; Wayland v. Latham, 89 Cal. App. 55 [ 264 Pac. 766 ]; Cushman v. Cliff House, 79 Cal. App. 572, 575 [ 250 Pac. 575 ], and authorities there cited.

It follows that since respondents failed to comply with the provisions of the code section by omitting to present a motion for a directed verdict, the court below was without authority to render judgment in their favor contrary to the verdict. All that it could do under the circumstances was to grant a new trial, after the entry of judgment in conformity with the verdict. However, the fact that the court misconceived its authority in the particular mentioned does not preclude the respondents, if they be so advised, from moving for a new trial upon the statutory grounds, including insufficiency of the evidence to support the verdict, within the required time after notice of the entry of the judgment hereinafter directed to be entered. (See. 659, Code Civ. Proc.; Bond v. United R. R. Co., 169 Cal. 273 [ 146 Pac. 688 ]; Tupman v. Haberkern, 208 Cal. 256 [ 280 Pac. 970 ].)

The judgment is therefore reversed, with directions to the trial court to enter judgment in accordance with the verdict, and thereafter to hear and determine such other and further proceedings as may be necessary to a final disposition of the cause.

Shenk, J., Seawell, J., Curtis, J., Preston, J., Langdon, J., and Tyler, J., pro tern., concurred.