Martin v. New York Central Rd. Co.

OPINION

By BARNES, J.

We find a vital question in the above cause not raised in any manner by the parties, but being a jurisdictional question, we are called upon to pass upon it on our own motion.

We can not at this time consider the appeal for the reason that there is no final order.

' According to the transcript of docket and journal entries, the jury on October 25, 1939, returned a verdict in favor of the defendant. Within three days plaintiff duly filed a motion for new trial. On November 7, 1939, the trial court overruled motion by the following journalized entry:

“This day this cause came…