Hamby v. Hamby

Quillian, Judge.

The defendant in error, in this opinion referred to as the plaintiff, makes the point that on the trial there was no motion for directed verdict, and that the failure to make the motion constituted a waiver of the right of the defendant to insist on the ground “that the verdict was without evidence to support it.” The Federal Rule of Practice is that unless a motion that a verdict be ordered by the court is presented to the court, the sufficiency of the evidence will not be passed upon by the Circuit Court of Appeals. The Federal Rule of Practice is that where there is no-…