Leyman Corp. v. Piggly-Wiggly Corp.

OPINION

By THE COURT:

This case was before this Court on appeal in H. S. Leyman Co. v. Piggly-Wiggly Corporation, reported in 68 N. E. (2d) 486, from an order overruling the plaintiff's motion for an order making The Leyman Corporation a party to the action and dismissing the action on the ground that the plaintiff was not the real party in interest.

The notice of appeal which initiated that appeal recited that the appeal was on both law and fact, and the preliminary question as'to whether, on the record, this Court had jurisdiction to hear the case de novo, on the issues raised by the pleadings…