Swarthout v. Gentry

This is a motion to dismiss an appeal from a judgment which defendant maintains is final and which plaintiff argues is only interlocutory and therefore not appeal-able. The appeal is also submitted on the merits but if the motion is granted there will be no occasion to consider the merits of the cause.

Plaintiff brought this action, alleging that he and defendant were partners in the cattle business; that the assets of the partnership consisted of personal property; that he and defendant owned real property as tenants in common. He sought a dissolution of the partnership and a partition of the…