S. H. Kress & Co. v. Evans

DE CONCINI, Justice.

The court’s opinion handed down January 23, 1950, 69 Ariz. 366, 213 P.2d 901, disposed of appellant’s appeal declining to review the evidence on the ground that appellant did not make a motion for a new trial in compliance with the rule provided in'.section 21-1703, A.C.A.1939. Upon motion for a rehearing counsel called the court’s attention to Rule 50(b), section 21-1015, A.C.A.1939, which the court did not consider in its original opinion.

At the close of plaintiff’s case and again at the close of all the evidence, defendant, appellant, moved for a directed verdict on the…