Marr v. Nagel

FRED J. FEDERICI, District Judge.

This case has heretofore been ruled upon by this Court on motions to dismiss and strike briefs in Marr v. Nagel, 58 N.M. 479, 272 P.2d 681, and in order not to unduly prolong this opinion reference is made to that case for a general statement of the facts.

In the instant case, which is the appeal proper, the first assignment of error is stated as follows :

“The Court erred in granting Frank Cohn’s motion for judgment notwithstanding the verdict when the said defendant Frank Cohn failed to move for a directed verdict at the close of all the evidence.”

Rule 50(b)…