Barnes v. P. D. Manufacturing Co., Inc.

The opinion of the court was delivered by

Perskie, J.

We desire, in limine, to make the observation that we are not to be understood, in our determination of this cause, as in anywise departing from “the ancient rule of law that error (now appeal) will lie only after final judgment” (Salaman v. Equitable Trust Co., 105 N. J. L. 649; 146 Atl. Rep. 423; Lully v. National Surely Co., 106 N. J. L. 81, 85; 148 Atl. Rep. 762), and that “an appeal does not lie from an order granting a motion to strike out the cause of action contained in the complaint.” Lully v. National Surety Go., supra. But a writ…