Olson v. Ottertail Power Co.

I dissent. The proposition stated in paragTaph one of the syllabus is contrary to a practice recognized and followed in this state by bench and bar so long that “the memory of man runneth not to the contrary.” During that long course of time numerous legislative measures touching the practice on appeal have been enacted, all either actually or impliedly recognizing the practice or by their silence sanctioning it. And as a matter of expedience no other practice could well be followed.

The motion for judgment non obstante veredicto was a common law motion. It was required to be made before entry…