Blaine v. Peters

A judgment was entered on a jury’s verdict in favor of appellant and against appellee on February 16, 1951. Appellee’s motion for judgment notwithstanding the verdict, or in the alternative for a new trial, was filed February 21, 1951. By inadvertence this motion was immediately denied. Expressly because of this “inadvertence” the District Court on April 5, 1951 set aside the denial. The court then granted the motion for new trial which it had thus reinstated.

Appellant contends the order of April 5, and the court’s subsequent refusal to vacate it, violated Rule 59(d), F.R.Civ. P., 28…