48 Neb. 711 | Neb. | 1896
This action was instituted in the county court of Gage county by Charles F. Clark to recover upon a promissory note for $800, executed by Fred Scofield and others, payable to A. T. Turney, and by him indorsed to C. G. Platter, who likewise indorsed the said instrument to plaintiff. The makers and indorsers were made defendants, although service of summons was had upon Scofield and Turney alone, against whom a verdict was rendered, and immediately Scofield filed a motion for judgment in his favor upon the pleadings non obstante veredicto, which was overruled, and judgment was thereupon rendered by the county court in favor of the plaintiff. Scofield prosecuted a petition in error to the district court, alleging, inter alia, that the county court erred in overruling his motion for judgment, notwithstanding the verdict. From a judgment affirming the decision of the county court, error is prosecuted to this court.
Section 440 of the Code of Civil Procedure provides: “Where, upon the statements in the pleadings, one party is entitled by law to judgment in his favor, judgment shall be so rendered by the court, though a verdict has been found against such parties.” Under the foregoing-provisions the defendant Sepfield, upon the issues made by the pleadings, had a right to have judgment pro
Reversed and remanded.