City of Birmingham v. Andrews

The circumstances when a judgment non obstante veredicto will be rendered, or when a motion in arrest of judgment or for a re-pleader will be granted have been referred to in several of our eases, and in numerous decisions of other courts, following the common law.

Originally a judgment non obstante veredicto was 'available to plaintiff only, but by relaxation of this early common-law rule “the generally prevailing rule now is that either plaintiff or defendant may have” such a judgment “in proper cases.” 33 Corpus Juris, 1178-1180; Chapman v. Holding, 60 Ala. 522.

An arrest of judgment on…