Honeymead Products Co. v. Aetna Casualty & Surety Co.

Otis, Justice.

Defendants move to dismiss this appeal from an order denying plaintiffs’ motion for judgment n. o. v. or a new trial entered after the time to appeal from defendants’ judgment had expired.

A verdict for defendants was rendered on March 11, 1964, and the clerk of court in violation of Rule 77.04, Rules of Civil Procedure, entered judgment in their favor on March 12 without notice to any of the parties,1 there being no order or agreement for a stay. A timely *148motion for judgment n. o. v. or a new trial was served by plaintiffs on March 25 and argued on April 13, 1964. Although the…