Barthelmess v. Cavalier

YANKWICH, J., pro tem.

Under the provisions of section 629 of the Code of Civil Procedure, when a motion for judgment notwithstanding the verdict is made in the alternative—reserving the right to move for a new trial in case it is denied—the subsequent granting of a motion for a new trial cannot affect the right of appeal, given specifically by subdivision 2 of section 963 of the Code of Civil Procedure. We have such a situation here.

After the verdict of a jury in favor of the plaintiff and against all the defendants except Gerald E. Arbuekle, the trial court granted the motion of appellants…