Board of County Commissioners v. Wood

The county, defendant below, had a verdict and the plaintiff, Mrs. Wood, a judgment non obstante.

A judgment non obstante must rest on the pleadings (33 C. J. 1177-80), and the evidence is irrelevant to it. The elaborate discussion of the evidence has not aided but hampered us in reaching a decision.

The statutes in point are C. L. §§ 7403 and 7406, the pertinent parts of which are as follows:

Sec. 7403 “The treasurer shall cause the said notice [notice of tax sale] to be published in four consecutive weekly issues in the newspaper which has been awarded the contract by the county commissioners,…