Paul Schaff v. J. K. Kennelly and Mary

1. Section 28-1510 NDRC 1943, as amended by Chapter 204 SLND 1951, requires a motion for judgment notwithstanding the verdict to be made within ten days after reception of the verdict. Where a notice of motion and motion for a judgment notwithstanding the verdict are served upon the adverse party or his counsel within ten days after the reception of the verdict and the notice fixes a time for hearing more than ten days the reception of the verdict, the motion is made in time and the court does not lose jurisdiction because it is set for hearing and heard after the ten day period has lapsed.