Baumgarten v. Jones

1. Motion to dismiss appeal. Although plaintiff’s notice of appeal was filed on the same day the judgment was entered, it did not refer to the judgment, but stated that plaintiff appealed from the order directing a verdict and denying judgment on the verdict. That order was not appealable. Both parties filed briefs discussing the merits of the directed verdict upon which the judgment was based. Defendants’ brief, filed July 9, 1963, noted no objection to our jurisdiction to decide the merits. On October 2d, defendants moved to dismiss the appeal because taken from a nonappealable order and…