Kling v. Sommers

The motion to dismiss was argued orally and briefs were submitted by the parties. The question for decision is: Was the determination of June 7,1947, which denied defendant’s motion, a judgment or an order? A considerable amount of argument was indulged in on the hearing, involving the right of the trial court to proceed with the foreclosure of the mortgage and confirmation of the sale on the ground that under the Soldiers and Sailors Civil Relief Act the proceedings should have been, stayed. Unless there is an effective appeal none of these matters are properly before this court for the…