Malone v. Industrial Commission

OPINION

By MATTHEWS, J.

This is an appeal from an order sustaining a motion for a new trial. It comes before the court on the motion of the appellee to dismiss the appeal, on the ground that the order appealed from is not a judgment or final order, and on the appellant’s motion for leave to amend the notice of appeal to show that the order appealed from was the order overruling its motions for an instructed verdict.

The notice of appeal specifically recites that the appeal is “from an entry sustaining the motion for a new trial — in the above entitled case on the 5th day of October, 1940.” There…