Slusher v. Hubble

Opinion of the Court by

Judge Richardson

Reversing.

Tlie sole question in this case is tlie right of Dapliane Slusher to a judgment non obstante veredicto. Her right must be determined by section 386 of the Civil Code of Practice and its construction as has often been given by this court, on the pleadings and evidence adduced to support Hubble’s cause of action as it is alleged in the petition. The motion for a judgment notwithstanding the verdict is appropriate only when a judgment in accordance with the latter is not warranted by the pleadings.

For his cause of action Hubble charged that in…