Sudik v. Spaeth

WILLIAMS, Justice.

Plaintiffs brought an action on a contract and on trial to the court the defendants Ervin F. Spaeth et al., moved for a judgment on the pleadings and opening statement of counsel. This motion was granted and judgment entered for defendants as prayed for. in the motion.

Plaintiffs filed a motion for. new trial and attempt to appeal from the order overruling the same. It is conceded that if the appeal is not properly perfected from the order overruling the motion for new trial the motion should be sustained.

The appeál must be dismissed under the rule announced in Dickson v.…