King v. Loeb

There being no motion for a new trial filed by the defendant, the only matter to be reviewed by this court is the judgment of the trial judge granting the defendant’s motion for a judgment notwithstanding the verdict.

Ground one of the motion for a judgment notwithstanding the verdict presents the defendant’s contention that the evidence submitted upon the trial of the case failed to show that the defendant was in possession of the property at the time the suit was brought. There was no necessity to introduce evidence of that fact for the reason that the defendant alleged in her answer that…