Hermesch v. Haverkamp

The opinion of the court was delivered by

Robb, J.:

This appeal in a wrongful death action seeking $25,000 damages is by the defendant, Lawrence Haverkamp, from the trial court’s orders overruling defendant’s motion for judgment notwithstanding the verdict of the jury, and his motion for new trial.

At the hearing on the merits of this appeal a motion to dismiss was lodged by plaintiffs, pursuant to leave granted by this court when a previous motion was denied, whereby this court is presented with a jurisdictional question based on acquiescence of defendant in the judgment of the court below by…