Snyder v. Utah Construction Co.

MORGAN, J.,

Concurring. — The conclusion that the appeal must be dismissed is correct, but I am not ready to decide that an order granting a motion to vacate a judgment and for judgment notwithstanding the verdict is not appeal-able, for it is not clear to my mind that it is not a special order made after final judgment within the meaning of I. C. A., section 11-201. Our court has not heretofore passed on this question. Such a motion resembles one made to procure an order setting aside a judgment, and we have held orders disposing of such motions to be appealable. (Oliver v. Kootenai County,…