H. S. Leyman Co. v. Piggly-Wiggly Corp.

*530OPINION

By MATTHEWS, J.:

It is recited in the notice of appeal in this case that the plaintiff appeals on both law and fact and an appeal bond was duly filed.

At the threshold a jurisdictional question is presented. In the order appealed from it is recited that “the plaintiff is not the real party in interest and has not the right to maintain this action” and on that ground a judgment of dismissal at the plaintiff’s costs was entered. As the Court found that the right of action was not owned by the plainitff, no decision was reached as to the merits of the cause of action. No decision on the_…