State, Ex Rel. Simons v. Kiser

OPINION

By WISEMAN, J:

Submitted on motion of defendant-appellee to dismiss the appeal on the ground that the plaintiff-appellant has appealed from an order granting a motion for new trial upon one of the reasons contained in the motion for a new trial, and that such order is not a final order from which an appeal may be taken.

The sole question presented is whether an order granting a motion for a new trial is a final order from which an appeal may be taken.

This action, which is one in bastardy, was commenced February 13, 1948 and therefore the question presented must be determined under…