Kelly v. Drumheller

The plaintiff sued to recover damages for a breach of an alleged promise to marry. The action was tried to a jury, and a verdict returned in favor of the plaintiff for ten thousand dollars. From a judgment on the verdict, the defendant has appealed.

The assignments of error question only the ruling of the trial court in denying a motion for judgment non obstante veredicto and entering judgment on the verdict.

The appellant cheerfully recognizes our well settled rule that a motion for judgment n. o. v. invokes no element of discretion, hut only the judicial function, and can be granted only when…