Fitzgerald v. Bixler

Plaintiff below sued for the wrongful conversion of money and had a jury verdict for $6,000 against the defendant. Judgment was entered on this verdict. The trial judge then denied defendant’s motion for judgment notwithstanding the verdict. This motion was grounded upon an alleged election of remedies, waiver," estoppel and res judi-cata. Later the defendant filed a motion for a hew trial. After arguments on that motion the court below, apparently on its own motion, thereupon set aside the judgment it had entered for plaintiff and entered judgment for defendant notwithstanding the verdict.…