Bailey v. Neale

OPINION

By STEVENS, J.

In the trial court an action to marshal liens was filed, and on April 6, 1940, after trial to the court, an entry of judgment determining the priority of liens and ordering their payment, was spread upon the journal. On April 9, 1940, a motion for a new trial was duly filed.

On April 25, 1940, a notice of appeal on questions of law and fact was filed, and on May 7, 1940, the motion for a new trial was overruled by the Court of Common. Pleas.

A motion to dismiss the appeal in this court has been filed, alleging as the ground therefor that this court is without jurisdiction…