Preston ex rel. Hamner v. McCann

It is quite unnecessary to go into a critical examination of all the facts of this case, for it is clear that no appeal *31lies. There has been a motion made to dismiss the appeal, and that motion must prevail.

The appeal is from an order striking out a judgment, and reinstating the case for a new trial. It is only necessary to refer to the principal facts which gave rise to the motion to strike out, and upon which that motion was based.

The case was tried before the late Judge Duffy; and the verdict was rendered on the 9th of February, 1892 ; and it appears that during the trial certain…