Haumeder v. Lipsett

A motion by defendants for a summary judgment based on the amended and supplemental complaint, the answer and counterclaim and affidavits, was granted. While plaintiff’s notice of appeal, headed “Notice of Appeal by Plaintiff Hans Haumeder from Summary Judgment,” reads that the appeal is “from the order entered herein ... on the 27th day of April, 1948, granting the Motion of defendants . . . for Summary Judgment, ’ ’ and while such an order, if made, would not be appealable, an examination of the clerk’s transcript shows that the “order” appealed from was, in fact, the summary judgment, and…