Smith v. General Motors Acceptance Corporation

Nichols, Judge.

Since a motion for a directed verdict is a prerequisite to a motion for a judgment notwithstanding the verdict under Code (Ann.) § 110-113, where there has been no legal motion for a directed verdict a motion for a judgment notwithstanding the verdict cannot be considered. Durden v. Henderson, 212 Ga. 807, 808 (96 S. E. 2d 362); Southwind Trucking Co. v. Harvey, 96 Ga. App. 715 (1) (101 S. E. 2d 223). Accordingly, the first question for decision is whether there was a legal motion for a directed verdict made in the trial court.

“There can be no- such thing as a verdict ini any…