Apolito v. Johnson

HATHAWAY, Judge.

This is an appeal from a Maricopa county superior court judgment entered in favor of Mr. and Mrs. Johnson, defendants below, and from the order denying plaintiffs’ motion for a new trial. The lower court granted defendants’ motion for a directed verdict at the close of all the evidence and plaintiffs assign as error the trial court’s withdrawal of the case from the jury’s consideration.

The defendants’ motion for a directed verdict admitted the truth of plaintiffs’ evidence, including all reasonable inferences deducible therefrom, Joseph, v. Tibsherany, 88 Ariz 205, 354 P.2d…