Schmidt v. Schaub

The plaintiff’s motion to set aside the verdict was denied November 20th, 1931; judgment on the verdict was entered on the same date; on December 2d, the plaintiff filed an appeal from the judgment and assigned, only, error in denying the motion. The appellee asserts that the appeal is ineffective because taken from the judgment instead of specifically from the denial of the motion to set aside the verdict. The present Rules for Appellate Procedure (Practice Book, insert, p. 306) provide in § 2 that the party appealing from a decision upon a motion to set aside a verdict shall file his appeal…