Julien v. Barker

TAYLOR, Justice.

This appeal is from “oral order sustaining the motion for nonsuit herein at the conclusion of the plaintiff’s case in chief”, and from the order denying appellant’s motion for a new trial. The notice of appeal was dated, served and filed June 30, 1953. The oral order referred to was apparently a ruling of the court made at the trial on March 18, 1953. A judgment of nonsuit dated March 18, 1953, was filed March 23, 1953. Respondents have moved to dismiss the appeal from the order of nonsuit. The appeal, having been taken more than 90 days after the entry of the order, is…