Dean v. Smith

In an action for an accounting.

• Plaintiff has appealed from certain findings of fact and conclusions of law designated as an order of the district court. The defendant has moved to dismiss the appeal for the reason that such order is not appealable pursuant to either subdivisions 1 or 4 of § 'TS41, Comp. Laws 191 A.

The order in question is designated by the trial court as its findings of fact, conclusions of law and interlocutory decree. Therein the trial court made findings of fact concerning the rights of the parties in certain land pursuant to a contract and deed made therefor; in…