Neighbors of Woodcraft v. Hildebrandt

Dependant in error, plaintiff at trial, moves to dismiss the writ of error, for that since judgment was entered before leave was sought for filing a motion for new trial, review cannot be had.

It appears that October 4, 1934, when taking of testimony had been concluded in a trial before a jury, each party moved for a directed verdict, whereupon—conformable to the practice—the court discharged the jury, and on consideration found the issues in favor of plaintiff and entered judgment. Execution was stayed for thirty days. Defendant excepted to the findings and judgment and was given time to file…