E. M. S. Co. v. Brandt

This cause comes up for disposition on defendant’s motion to dismiss the appeal, which motion was filed in this court on November 19,1968.

There are two defendants. On September 12, 1967, judgment by default was entered against one defendant only. The judgment was vacated by an order entered September 28, 1967. Plaintiff seeks to appeal from that order.

Defendants contend that the order of September 28 was not appealable because (1) there were multiple parties, and the order did not affect plaintiff’s claim against the other defendant, and (2) the court did not enter the finding necessary to…