New York, Chicago & St. Louis Railroad v. Doane

Elliott, J. —

The verdict in this case was returned on the 4th day of July, 1884, and on the following day judgment was entered upon it. On the same day that the judgment was entered the appellant filed a motion for a new trial; the cause was then continued until the 23d day of December, 1884, without any action being taken; on that day the appellee unsuccessfully moved to strike out some of the reasons assigned in the appellant’s motion for a new trial, and on the 23d day of January, 1885, the appellant’s motion was overruled and an appeal prayed.

There was no final judgment within the meaning…