Klinge v. Southern Pac. Co.

I concur in holding that defendant had the right to appeal from the final judgment of dismissal. In this state there is no appeal from an order granting or refusing to grant a new trial, because such an order is not a final order or judgment; and appeals lie only from final orders, judgments, or decrees. However, on appeal from a final judgment in a cause, a ruling by the court granting a new trial, if the proceedings respecting it are properly preserved in a bill, may be reviewed by this court. That question is settled in this jurisdiction. Hirabelli v. Daniels, 44 Utah 88, 138 P. 1172 ;…