McCord v. Baltimore & O. R.

Citations

• 187 F. 743
• 109 C.C.A. 491
• 1911 U.S. App. LEXIS 4221

Syllabus

<p>1. Appeal and Error (I 272*) — Exception'in Lower Court — Tun; oe Taking.</p> <p>A verdict having been rendered for plaintiff .Tune 15, 1909, a motion for judgment non obstante was made .Tune 17th, and argued on the 26th. The motion was granted, and judgment entered for defendant February 12, 1910, during the November, 1009, term of court, which ended on May 9th. Held, that an exception to the entry of judgment, first sealed on July 19th, after the May term had commenced, and after a writ of error had been allowed and the assignments of error filed in the Circuit Court, was too late.</p> <p>fEd. Note. — For other cases, see Appeal and Error, Cent. Dig. § 1611; Dee. Dig. § 272.*]</p> <p>2. Judgment f§ 199*) — Judgment Non Obstante — Record.</p> <p>A motion for judgment non obstante for defendant, made at the close of tiie trial, could not be granted, where it was based on the record only, then consisting of nothing hut the pleadings and a verdict in favor of plaintiff, without the evidence and the proceedings at the trial.</p> <p>FEd. Note. — For other cases, see Judgment, Cent. Dig. §§ 367-375; Dec. Dig. § 199.*]</p> <p>3. Judgment (§ 199*) — Notwithstanding Verdict — Record op Evidence— Statutes.</p> <p>Where, at -the close of the evidence, defendant applied for binding instructions, and, the case having been submitted to the jury, treated such appliealion as refused, and. after verdict for plaintiff, moved the court to order that the entire testimony be filed and made a part of the record, and that judgment non obstante in favor of defendant be entered thereon, it was the duty of the court, imposed by Act Pa. 1905 (P. 1/. 286), to certify and file a transcript of the evidence and proceedings hail at the trial, and on this, in connection with the balance of the record, hear and determine the motion-for judgment non obstante.</p> <p>[Ed. Note. — For oilier cases, see Judgment, Dec. Dig. § 199.*]</p>