Borochoff Properties, Inc. v. Howard Lumber Co.

Quillian, Judge.

While the appellant filed what he denominated as a motion for judgment “notwithstanding the judgment,” we find no authority for such a motion. Moreover, if this be construed as the equivalent of a motion for judgment notwithstanding the verdict, the rule is well settled that such a motion is not permissible when a judge presides without the intervention of a jury. Smith v. General Motors Acceptance Corp., 98 Ga. App. 840 (107 SE2d 334); Wood v. Sheppard, 100 Ga. App. 376, 378 (111 SE2d 242). Hence, in considering the appeal we treat the enumerations of error only with…