Sayer v. Harris Produce Co.

Appeal from a judgment rendered in accordance with an order of the court directing that the same be entered in favor of the defendant and against plaintiff, notwithstanding a verdict previously returned in the latter’s favor. '

This judgment will have to be reversed. The order therefor was based upon a motion made in the alternative, as' provided in Laws 1895, c. 320, but the provision in that statute requiring the making of a motion at the close of the testimony requesting the trial court to direct. a. verdict for the moving party was not observed. Such a motion is a necessary preliminary,…