Schwed v. E. N. Kennedy, Inc.

Judgment was rendered here in favor of the plaintiff for a sum of over $2,000 upon an order for summary judgment in an action wherein plaintiff demanded damages for $3,000. .The suit was for a wrongful discharge, plaintiff being under a contract of employment running until the end of December, 1925. There was also an order entered, from which an appeal is taken, refusing to stay the execution of the plaintiff’s judgment pending the trial of the defendant’s counterclaim.

Our conclusion is that the judgment should be reversed, since it was contemplated in the formulation of the Rules of Civil…