Tolliver v. Loftin

Twice during the trial of the suit for personal injuries— at the close of appellant’s testimony and at the end of all the testimony — the defenants" moved for an instructed verdict. The judge denied both motions. The jury returned a verdict for the plaintiff, and judgment was entered accordingly. The defendants then filed a motion for a new trial, and the judge, after considering it, but without making any ruling upon it, entered a contrary judgment — for the defendants. His action was in effect, and resembled somewhat, a judgment notwithstanding the verdict, but cannot be upheld as such…