Wilcox v. Wiggins

Appeal from a judgment ordered for defendant notwithstanding a verdict for plaintiff. The motion was in the alternative — for judgment non obstante or for a new trial and was made on the minutes of the court. At the close of the trial there was no motion by defendant for a directed verdict. The alternative motion was argued on the merits and so considered and decided, the absence of the motion for a directed verdict having been overlooked by counsel and not called to the attention of the court. After the order directing judgment there was a motion to vacate which was denied.

The one point for…