Strub v. Schmidt-Kurz Improvement Co.

Miller, J. —

This is an appeal from two intermediate orders entered March 4, 1943, and July 1, 1943, respectively. Both parties appealed forthwith on the latter day. Pursuant to Rule 1 of the Rules of Civil Procedure and Rule 1 of the domestic rules of this court, both effective July 4, 1943, this appeal is governed by the statutes and rules in effect prior to July 4, 1943. Since the orders appealed from involve the merits and materially affect the final decision herein, the appeals were properly perfected pursuant to section 12823, Code, 1939. The questions presented for our decision arose…