Johnson v. Burmeister

Plaintiff at the close of all the testimony moved for a verdict in his favor for $4,000. The motion was denied and the issue submitted to the jury. The jury disagreed and was discharged. Plaintiff then moved for judgment notwithstanding the disagreement, as authorized by G. S. 1923, § 9495. The motion was denied, and plaintiff appeals from the order. Defendant moves to dismiss the appeal on the ground that it is a nonappealable order.

That § 9495 permits the court below to entertain a motion for judgment in case of a disagreement as well as in a case where a verdict adverse to the mover had…