This action was brought in a South Carolina state court and removed to the federal district court on grounds of diversity of citizenship. After the evidence of both parties had been presented, the court denied defendant's motion for a directed verdict. Thereafter, the jury returned a verdict for the plaintiff. Although defendant filed a motion for a new trial on grounds of newly discovered evidence which the court denied, he did not move to have the verdict and judgment set aside and to have judgment entered in his favor as he might have done under Rule 50 (b) of the Federal Rules of Civil Procedure. Upon defendant's appeal to the Fourth Circuit Court of Appeals, the court found that the admission of certain evidence offered by plaintiff was prejudicial error, and that without it, plaintiff's proof was not sufficient to go to the jury; consequently, the court reversed and directed that judgment be entered for the defendant, apparently finding its authority in Rule 50 (b). On certiorari to the United States Supreme Court, held, reversed. Rule 50 (b) does not authorize an appellate court of the United States to direct a judgment notwithstanding the verdict if no motion for such judgment has been made in the district court within ten days after the jury's discharge. Justice Black delivered the opinion of the court. Cone v. West Virginia Pulp & Paper Co., 330 U.S. 212, 67 S. Ct. 752 (1947).
Daniel W. Reddin, II,
FEDERAL COURTS-RULES OF CIVIL PROCEDURE-CONSTRUCTION OF RULE 50 (b),
Mich. L. Rev.
Available at: https://repository.law.umich.edu/mlr/vol46/iss2/12