Hornsby Heavy Hardware Co. v. Prichard

BROWN, Justice.

Appellee sued appellants, who composed a partnership firm, for damages occasioned by personal injuries claimed to have been sustained by him while an employee of appellants, and while unloading a shipment of heavy steel shafts.

First, we are confronted with a motion to dismiss the appeal, predicated upon the theory that appellants’ amended motion for a new trial was' filed without leave of court, and that such filing amounted to no filing, and that, under such circumstances, appellants’ original motion for a new trial was overruled by operation of law, and appellants’ appeal…