Chicago, Rock Island & Pacific Railroad v. Southern Pacific Co.

COLEMAN, Justice.

This is an appeal from an order granting a voluntary non-suit. The judgment of the trial court is affirmed.

Appellee’s point that the appeal should be dismissed for want of jurisdiction is denied. Appellants’ motion to vacate the order of dismissal, filed on January 6, 1970, and the supplemental motion to set aside the order, filed January 8, 1970, were in legal effect a motion for new trial, and an amended motion for new trial. The prayer in each instance was that the trial court set aside the order of dismissal and that the case be ordered to trial on the merits. Nalle v.…