Venditto v. Spratt's Patent (America), Ltd.

The opinion of the court was delivered by

Parker, J.

The appeal is from an “order” entered in the Essex Pleas December 28th, 1933, “dismissing the complaint” in the cause. This we view as a striking out of the complaint pursuant to section 15 of the Practice act of 1912 as amended by Pamph. L. 1928, p. 306. That section provides that plaintiff “may after final judgment, appeal from such order.” We find no final judgment returned in the printed book, and this should normally lead to a dismissal of the appeal. Lully v. National Surety Co., 106 N. J. L. 81; Salmons v. Rugyeri, 103 Id. 596; Van…