Opinion
23219.
ARGUED DECEMBER 13, 1965.
DECIDED JANUARY 6, 1966.
Cancellation, etc. Atkinson Superior Court. Before Judge Lott.
Jack J. Helms, Larry E. Pedrick, for appellant.
Vickers Neugent, Sumner Boatright, Robert B. Summer, for appellee.
"Whenever a motion for directed verdict, made at the close of all the evidence, is denied, or for any reason is not granted, a party who has" so moved may make a further motion for a judgment notwithstanding the verdict or the mistrial as the case may be. (Emphasis supplied). Code Ann. § 110-113 (Ga. L. 1953, Nov. Sess., pp. 440, 441; 1957, pp. 224, 236). Here, after a request for a continuance on account of illness of counsel for the plaintiff after examination of only two witnesses for the plaintiff, the motion by the defendant for directed verdict was not in order. See Green v. Green, 138 Ga. 581 (2) ( 75 S.E. 603); Spivey v. Barwick, 157 Ga. 853 ( 122 S.E. 594); Cowart v. Smith, 182 Ga. 511 ( 185 S.E. 819). Nor was the motion for judgment notwithstanding the mistrial in order, and the lower court erred in granting same.
Judgment reversed. All the Justices concur.