Miller v. Gooding Highway District

Respondent has moved to dismiss the appeal on the ground that the following order, from which it is taken, is not appealable:

‘ ‘ ORDER

“A motion for nonsuit having been made at the close of plaintiff’s evidence herein and having been taken under advisement by the court, and the court having considered the matter hereby orders that said motion for nonsuit so made is granted and allowed.

“It is further ordered, that said action be dismissed.

“Dated this 22nd day of September, 1931.

“ADAM B. BARCLAY, District Judge.”

The right to appeal is conferred by legislative authority. (Idaho Const., art. 5,…