Volland v. McGee

Upon the filing of the remittitur in the court below the trial Gourt on the 17th day of February, 1941, entered the following order:

“It is hereby ordered and adjudged that the order of this court entered on the 23d day of February, 1940, vacating and setting aside the verdict and judgment herein and granting a new trial, be set aside and vacated, and the judgment entered on the 28th day of December, 1939, is hereby reinstated.”

Thereafter the plaintiff served a notice of appeal from the judgment entered on the 28th day of December, 1939. Defendants now move to dismiss the appeal on the ground…