Trainer v. Kossuth County

Evans, J. —

I. Before trial in the district court; the plaintiff dismissed his action against Kossuth County, and it thereby ceased to be a defendant, although its name has been carried in the title throughout the record.

We are confronted first by a motion by appellee to dismiss the appeal, on various grounds. One of such grounds is that the appeal was taken from the order overruling a motion for a new trial; that such motion was not filed within &ve days after the verdictthat no appeal was or coui¿ ke taken from- the judgment, because such judgment had been entered more than six months prior…