In this article no mention is made of the numerous reiterations of the rule that in considering a motion for a directed verdict, the trial court must deny the motion where there is any material evidence that would warrant a jury in finding against the moving party. Nor is there noted the many, many applications of the courts' settled practice to deny a petition to rehear which merely reargues matters which counsel insist were improperly decided after argument and full consideration. Again, it must be said that this survey is in most respects a mere "horizontal digest." Thus far the editors have received no suggestion for changing its character. It is hoped that those who read it will express an opinion as to whether it should deal only with new problems presented by the current decisions.
Edmund M. Morgan,
Procedure and Evidence -- 1961 Tennessee Survey,
14 Vanderbilt Law Review
Available at: https://scholarship.law.vanderbilt.edu/vlr/vol14/iss4/20