Davis v. Palmer

Duckworth, Chief Justice.

This is an action for trespass on land, in which the plaintiff relies on prior possession alone and prays for damages and for injunctive relief. The trial judge, at the completion of the presentation of evidence and; after denying a motion to direct the verdict in favor of the defendant, directed a jury to return a verdict in favor of the plaintiff, after which the judge entered a judgment in favor of the plaintiff, enjoining the defendant as prayed. He thereafter denied the defendant’s motion for judgment notwithstanding the verdict and judgment, and the defendant’s…