Gale v. Fred W. Pearce Corporation

Motion by plaintiff to dismiss the appeal on the stated grounds that the appeal is frivolous and taken from a nonappealable order.

The court at the close of the evidence directed a verdict in favor of the defendant, and plaintiff excepted thereto. Plaintiff moved for a new trial on the grounds of errors of law occurring at the trial, error in directing the verdict, and that the verdict is not justified by the evidence. The court granted a new trial. The order, made January 28, 1928, did not state on what grounds the new trial was granted. On February 14, 1928, the court filed a memorandum…