Ashland Oil & Refining Co. v. Hudson

CLAY, Commissioner.

Our decision on this appeal turns upon whether or not the former Civil Code or the new Rules of Civil Procedure should govern the ruling on a motion. The trial court ordered the case practiced under the Civil Code and sustained defendant’s motion for judgment notwithstanding the verdict, authorized by Section 386 thereof.

It is contended by plaintiffs that the new Rules were effective, or should have been applied, at the time the motion was passed upon. Since the new Rules do not recognize the former ground of this motion *586(though a motion of the same name is provided for by…