Denholtz v. Donner, Denholtz Co.
This text of 115 A. 351 (Denholtz v. Donner, Denholtz Co.) is published on Counsel Stack Legal Research, covering Supreme Court of New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Motion was made to strike out the original complaint. That was granted and an amended complaint was. filed. Motion was likewise made to strike that out. Dungan, J., who heard the motion, granted it so far onty as concerns the second count, which; he struck out, with costs, leaving the first count still in the case, which raises an issue that is untried, and, eon sequent! jr, there is no final judgment. The defendantsici-pondents make the point in limine that the appeal should he dismissed, as it is one not taken from a final judgment. The appellants do not discuss or answer this point. It is well taken. This court, in Van Hoogenstein v. Delaware, Lackwanna and Western Railroad Co., 90 N. J. L. 189, held that an appeal under section 25 of the Practice act of 1912 cannot he effective until after final judgment. This is dispositive of the question, and the appeal will be dismissed as being prematurely brought.
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Cite This Page — Counsel Stack
115 A. 351, 96 N.J.L. 545, 1921 N.J. LEXIS 218, Counsel Stack Legal Research, https://law.counselstack.com/opinion/denholtz-v-donner-denholtz-co-nj-1921.