holding that a party’s failure to file a Rule 50(b) motion deprives the appellate court of the power to order the entry of judgment in favor of that party where the district court expressly reserved a party’s preverdict motion for a directed verdict and then denied that motion after the verdict was returned
How later courts described this case
- holding that a party’s failure to file a Rule 50(b) motion deprives the appellate court of the power to order the entry of judgment in favor of that party where the district court expressly reserved a party’s preverdict motion for a directed verdict and then denied that motion after the verdict was returned
- holding that a party’s failure to file a Rule 50(b
- holding that failure to move for judgment n.o.v. pursuant to Rule 50(b) deprives the appellate court of power to order entry of judgment
- holding that in the absence of a motion for judgment notwithstanding verdict, an appellate court cannot enter such judgment
Written by the judges who cited it.
The opinion
*65 Mr. Justice Minton,
dissenting.
I agree with all that Mr. Justice Frankfurter has said in upholding the action of the Court of Appeals in returning the case to the District Court with directions to enter a verdict for the defendant. I would add another reason why I think the action was valid.
After the Cone, Globe Liquor and Fountain cases were decided, Congress in 1948 revised the Judicial Code, and in 28 U. S. C. § 2106 clearly authorized the action taken by the Court of Appeals here. Section 2106 reads as follows:
“The Supreme Court or any other court of appellate jurisdiction may affirm, modify, vacate, set aside or reverse any judgment, decree, or order of a court lawfully brought before it for review, and may remand the cause and direct the entry of such appropriate judgment, decree, or order, or require such further proceedings to be had as may be just under the circumstances.”
To me, this statute is controlling. We found it controlling of the action of the Court of Appeals in a criminal case. Bryan v. United States, 338 U. S. 552 . Mr. Justice Black, who now speaks for the Court, dissented in the Bryan case because he thought Cone controlling. By act of Congress, the discretion now rests with the Court of Appeals to grant a new trial or to direct a verdict according to law on the record already made.