APPEAL AND ERROR. Appellate court, though determining appellant was entitled to recover, cannot render judgment, where appellant did not ask for premptory instruction.
Where appellant did not ask for a peremptory instruction, appellate court, though determining that appellee's request for peremptory instruction should not have been granted and that appellant was entitled to recover, is without authority to render judgment.
SMITH, C.J.
The court below should not have granted the appellee's request for a peremptory instruction, as on the evidence the appellant was entitled to recover. The ground of the court's ruling is not apparent, and no brief has been filed by the appellee pointing it out. The appellant did not ask for a peremptory instruction; consequently, we cannot render judgment for it here.
Reversed and remanded.