Victor Sewing Machine Co. v. Heller

This is an appeal from an order denying a motion for a new trial made upon the minutes of the court. The order was made on the 3d day of June, 1876; and final judgment in the action was entered at the same time. On the 8th of November, 1876, the defendant served notice of appeal and an undertaking. The objection is taken, that the appeal should have been from the judgment, and not from the order; .that the right of appeal from the order ceased upon the entry of the judgment, from which an appeal lay. The objection seems to us well taken, and must prevail. In American Button Hole, etc., Co. v.…