SCOTT v. J.C. PENNEY COMPANY

No. 6533.

354 P.2d 147 (1960)

67 N.M. 219

Lydia M. SCOTT, Plaintiff, Defendant-in-Error, v. J.C. PENNEY COMPANY and Drews Riska, Defendants, Plaintiffs-in-Error.

Supreme Court of New Mexico.

July 12, 1960.


Attorney(s) appearing for the Case

Seth, Montgomery, Federici & Andrews, Santa Fe, Rowley, Breen & Bowen, Tucumcari, for plaintiffs in error.

Emmett C. Hart, Tucumcari, Smith, Kiker & Kitts, Albuquerque, for defendant in error.


McCULLOH, District Judge.

This case was brought here on writ of error. For the sake of clarity, the parties will be referred to herein as plaintiff and defendants, as they appeared below.

Plaintiff obtained a verdict in the lower court. Within the time provided by the rules of civil procedure, defendants filed a motion for judgment notwithstanding the verdict, and in the alternative also filed a motion for a new trial. The lower court set aside the verdict...

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