Caswell v. Lermann

This was an action to contest a will. It was commenced on February 4, 1947. At the close of plaintiff’s case, a motion for a directed verdict for defendants was granted and judgment was entered thereon. This appeal on questions of law was taken by plaintiff.

A motion to dismiss the appeal was filed by defendants. This was submitted to the court at the same time the appeal on the merits was argued.

The basis of the motion is that the appeal “is not taken from the final judgment.”

The following material facts are undisputed:

The judgment was entered on February 11, 1948; a motion for a new trial…