Adams ex rel. Tabert v. Anderson & Middleton Lumber Co.

On Rehearing.

Main, C. J.

In the original opinion in this case, 124 Wash. 356, 214 Pac. 835, there is an improvident expression or two contained in the recitals which might be construed as indicating that the defendant had the right to appeal from the denial of its motion for judgment notwithstanding the verdict. In order that there may be no misunderstanding, it should be here stated that it was not the intention to so hold in that case. The question was not there involved and was only incidentally referred to. It is the rule that an appeal does not lie from the denial of a motion for judgment…