Jernigan v. . Neighbors

In rendering judgment against the plaintiff, “notwithstanding the verdict” in bis favor, the trial court inadvertently fell into error. At common law a judgment non obstante veredicto could be granted only when the plea confessed the cause of action and set up matters in avoidance which, if true, were insufficient to constitute either a defense or a bar to the action. It was entered only upon the application of the plaintiff, and never in favor of the defendant. Under the modern practice, it may be given for either party, but only when the party against whom the verdict was returned is…