Smith v. Louisville N. R. Co.

On Motion to Dismiss Appeal.

McCLELLAN, j.

Action for damages, instituted by appellant against appellee. On October 9, 1919, the- court overruled plaintiff’s demurrers to pleas 3, 4, and 5. On November 28, 1919, plaintiff undertook, vainly, an appeal to the Court of Appeals from that interlocutory, nonappealable ruling. On June 29, 1920, the Court of Appeals entered an affirmance, after setting aside a just previously, properly entered order of dismissal of the appeal. On November 9,1921—two years after the mentioned rulings on the demurrers to pleas—a nonsuit was taken by plaintiff because, it…