Burton v. Delaware Poultry Co.

Speakman, J.,

delivering the opinion of the Court:

In support of its motion for judgment non obstante veredicto the defendant’s argument is directed exclusively to the contention that it appears from the evidence that the plaintiff was not entitled to recover.

In Freeman on Judgments, 5th Ed., Sec. 20, there appears the following comments concerning such a judgment, with numerous authorities cited in support thereof:

“It can be entered only on the application of the plaintiff, made after the verdict and before the entry of judgment thereon. The defendant was not, at the common law, entitled to…