Schmidt v. Townsend

PETERS, P. J.—

This is a motion to dismiss an appeal on the ground that the order appealed from is not appealable. The pertinent dates are as follows:

June 21, 1950—cause called for trial. The minutes of the court for that day show that the attorney for the plaintiffs “objected to the fact that no jury was in attendance despite his request for one, said objection being made for the record. Motion denied. . . . (The trial then proceeded.) ...”

July 1, 1950—plaintiffs filed a notice of appeal “from that certain order made and entered by the Court in this action on the 21st day of June, 1950,…