Hamm v. Twin Lakes Reservoir & Canal Co.

Plaintiffs in error seek to dismiss their writ of error *448without prejudice and with directions to the trial court for further proceedings subject to its discretionary powers under R.C.P. Rule 54 (b).

The reason for the request, which defendants in error object to, is because this court heretofore on April 12, 1962, did dismiss a companion action (No. 20,005) because no final judgment had been decreed therein.

Rule 54 (b) allows a trial court to direct entry of a final judgment upon one or more but less than all of the claims on certain conditions where more than one claim exists.

In the instant…