Jolley v. Martin Bros. Box Co.

This case is submitted on motion of plaintiff-appellee to dismiss the appeal. A recitation of certain facts of record is essential in order to clearly present the issue raised.

The petition was filed in the Common Pleas Court of Darke County on November 28, 1947, in an action for damages for personal injuries. The matter was tried before a jury which rendered a verdict for the plaintiff on November 4, 1949. On November 7, 1949, before judgment was entered, defendant filed a motion for judgment notwithstanding the verdict. On May 1, 1950, an entry was journalized overruling the motion and…