Cone v. West Virginia Pulp & Paper Co., 330 U.S. 212 (1947)

Cone v. West Virginia Pulp & Paper Co.

No. 184

Argued February 3, 1947
Decided March 3, 1947
330 U.S. 212

CERTIORARI TO THE CIRCUIT COURT OF APPEALS

FOR THE FOURTH CIRCUIT

Syllabus

Where a party whose motion for a directed verdict has been denied in a federal district court fails, within 10 days after reception of a verdict against him, to make a motion for judgment notwithstanding the verdict, as authorized by Rule 50(b) of the Federal Rules of Civil Procedure, an appellate court is precluded from directing entry of such a judgment. Pp. 217-218.

153 F.2d 576, reversed.

Petitioner sued respondent in a state court for damages for trespass upon lands. The suit was removed to the Federal District Court because of diversity of citizenship. A judgment for the petitioner was reversed by the Circuit Court of Appeals, which directed entry of judgment for the respondent. 153 F.2d 576. This Court granted certiorari "limited to the questions of federal procedure raised by the petition for the writ." 329 U.S. 701. Reversed, p. 218.