Thompson v. Rutledge

There can be no question that a motion for judgment notwithstanding the verdict should be determined upon a consideration of the averments of the pleadings, and the court in disposing of such motion can not consider the record outside of the pleadings. Neither can there be any question under the Code but that this motion is available to either party .when the state of the pleadings is such as justifies it. Baltimore & Ohio R. R. Co. vs. Nobil, 85 Ohio St., 175.

The answer sets up nothing except that which could be shown under a general denial and therefore the motion of the defendant in effect…