SANDERS v. BEYER

FELTON, C. J.

A judgment based on the jury's verdict cannot be set aside by a motion to set aside as long as the verdict upon which the judgment is based stands and has not been set aside by proper procedure ( Buchanan v. Nash, 211 Ga. 343, 86 S.E.2d 111); therefore the court erred in setting aside the judgment since it was based on a jury's verdict which had not been set aside. The motion to set aside did not amount to a motion for a new trial.

The court erred in denying the motion to dismiss the motion to set aside and in setting aside the judgment.

Judgment reversed. Quillian and Nichols, JJ., concur.