Schaff v. Kennelly

GRONNA, District Judge.

Defendants, Kennedy, seek to appeal from an interlocutory order of the district court of Morton county denying three motions made by them, to-wit:(1) A motion for judgment on the pleadings; and(2) A motion for dismissal of the action on the merits, and with prejudice, (and without a trial on the merits) because this is, allegedly, a second action upon a former adjudication, Schaff v. Kennedy, N.D., 61 N.W.2d 538, whereby plaintiff and respondent’s cause of action herein became res judicata; and(3) A motion for the issuance by said trial court of an order certifying…