Altheide v. O'Callaghan

I concur in the results reached in the per curiam opinion denying rehearing but I deem the question here of importance in all appeal cases where the trial court has granted a motion for a new trial.

Appeal in Indiana following the granting of a motion for new trial is of comparative recent origin. In 1959 the General Assembly for the first time authorized an appeal from the granting of such motion. Prior to that the question could *244be raised only after the case was retried and final judgment rendered.

Acts 1959, ch. 25, §1, p. 75, § 2-3201 (b), Burns’ 1946 Repl.

Since that time this court has set…