Wheeler v. Joseph Maillot & Co.

On the trial of this case in the lower court, the Judge rendered a. judgment of non-suit on the motion of plaintiff’s counsel. Within three judicial days thereafter, and before the judgment of non-suit had been signed by the Judge, the plaintiff’s counsel took a rule on the defendants to show cause why a new trial should not be granted. The rule was made absolute, and the defendants have appealed from the order of the Judge, granting the new trial.

The plaintiff’s counsel have filed a motion to dismiss the appeal on the grounds that no appeal lies from an order granting a new trial — -that…