Wood v. Sheppard

Quillian, Judge.

The court in ruling on the previous appeal of this case did not pass on the merits of the motion of the plaintiffs in error for a judgment notwithstanding the verdict. It merely noted that a motion was pending. The, trial judge is correct in denying the motion for judgment notwithstanding the verdict. The judge’s ruling is a judgment and not a verdict. Such a motion is not permissible under our State rules of procedure when a judge presides without an intervention of a jury. This case is controlled by Smith v. General Motors Acceptance Corp., 98 Ga. App. 840 (107 S. E. 2d…