Murphey v. Weil

Pee Cueiam.

The action was tried by a jury, who returned a special verdict. There are two appeals. Plaintiff *644appealed from an order setting aside the special verdict and granting a new trial on the ground that the findings of the special verdict are inconsistent. Defendant appealed from an order denying his motion for judgment upon the minutes of the court and the special verdict.

The plaintiff moves to dismiss the defendant’s appeal on the ground that the order is not appealable. We think it is appealable. It was not followed by judgment for the opposite party, from which an appeal could be…