Roof v. National Surety Corp.

This cause is submitted to this court upon the motion of the appellee National Surety Corporation to dismiss the appeal.

The reason assigned in appellee’s motion is that:

“The order of the lower court dated November 26, 1951 ordering the ‘ petition filed herein be stricken from the files and held for naught and that the restraining order issued on the 16th day of July, 1951 be dissolved and held for nanght’ is not a final order from which an appeal can be taken.”

The order appealed from, being the order referred to in said motion, is in the words and figures following, to wit:

“This day this…