Stormon v. District Court

(On Petition for Rehearing). The plaintiff has filed a petition for rehearing in which he questions our statement that an order denying a motion for judgment notwithstanding the verdict is not appealable. To avoid any further misunderstanding on this point we quote what we said in Gray v. Elder, 61 ND 672, 240 NW 477,

“An order denying a motion for judgment notwithstanding the verdict is not an appealable order. It is only when the same is coupled with a motion for a new trial and the court denies the ¡the motion for judgment but grants or denies the motion for a new trial that the moving…