Durham v. Pitts

Bell, Judge.

1. Exception is taken to the judgment of the trial court in denying the defendants’ motion to enter a judgment in their favor predicated on a verdict which was returned in a previous trial of the same case at a different term and 6 months and 18 days prior to the filing of the motion. The motion is fatally defective because it affirmatively declares material developments precluding it which ensued subsequently to the particular verdict to which the motion is directed and which occurred prior to the filing of the motion. These material developments are: (1) a more recent trial; (2)…