Ross v. Duluth, Missabe & Iron Range Railway Co.

Stone, Justice.

This case is before us on plaintiff’s motion to dismiss defendant’s appeal from an order denying a second motion in the alternative for judgment notwithstanding the verdict or a new trial.

Plaintiff got his verdict June 3, 1937. On the minutes of the court, defendant made its first motion for judgment notwithstanding or a new trial. That motion was denied July 1 and notice of the order served on counsel for defendant July 6. In consequence, the time for appeal expired August 5.

In the meantime, a case having been settled, defendant again moved for judgment notwithstanding or a…