Kiser v. Kiser

Townsend, Judge.

1. A motion for a directed verdict is a prerequisite to a motion for judgment notwithstanding the verdict (Code, Ann., § 110-113), and where it appears from the record that no such motion was made, a motion for judgment notwithstanding the verdict cannot be considered. Durden v. Henderson, 212 Ga. 807 (1) (96 S. E. 2d 362). Where, however, it appears from the record that the motion for judgment notwithstanding the verdict contains a recital that it is made in accordance with a prior motion for a directed verdict, and where no contention is made in the trial court that such…