Barker v. Waltz

This is an action for malicious prosecution. The case, tried to a jury, resulted in a verdict for the plaintiff Barker against defendants R. A. Richardson and Mrs. Richardson. The court granted a motion of the defendants for judgment notwithstanding the verdict. Plaintiff has appealed.

The defendants failed to move for a directed verdict or for dismissal of the action at the close of plaintiff’s case. Appellant Barker claims that defendants thereby waived any right to move for judgment notwithstanding the verdict; that they had joined with Barker in submitting the case to the jury, and…