Gullick v. Interstate Drilling Co.

THOMPSON (IRA F.), J.

The respondents have made a motion to dismiss the appeal herein on the ground that the judgment appealed from is a nullity and on the further ground that a reversal of the judgment would be an idle act and not affect the force or finality of a judgment of nonsuit. The pertinent facts are as follows: At the close of plaintiff’s case and on October 15, 1928, the defendants and respondents made a motion for a nonsuit, which the court granted. On October 19th the court signed a judgment which, after reciting the proceedings and that the court had after due consideration…