MALONE v. MONTGOMERY WARD & CO.

No. 220.

38 F.Supp. 369 (1941)

MALONE v. MONTGOMERY WARD & CO., Inc.

District Court, S.D. Mississippi, Jackson Division.

February 20, 1941.


Attorney(s) appearing for the Case

Barnett, Jones & Barnett, of Jackson, Miss. (Ross Barnett, of Jackson, Miss., and Frank Mize, of Forest, Miss., of counsel), for plaintiff.

R.H. & J.H. Thompson, of Jackson, Miss., for defendant.


MOSCOWITZ, District Judge.

This is a motion made by the defendant to set aside the verdict of the jury.

The motion is based on the following alleged grounds:

1. The Court erred in overruling defendant's motion, made at the conclusion of plaintiff's testimony, to exclude plaintiff's testimony and direct the jury to return a verdict in favor of the defendant.

2. The Court erred in refusing to grant defendant's instruction No. 1, shown of record...

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