[Download] "Burns V. Fleming" by New Mexico Supreme Court # eBook PDF Kindle ePub Free
eBook details
- Title: Burns V. Fleming
- Author : New Mexico Supreme Court
- Release Date : January 31, 1944
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 52 KB
Description
This matter comes on for hearing upon the motion of defendants-appellees to dismiss the appeal herein. The plaintiff-appellant, as administrator of the estate of William Paul Burns, deceased, appeals from an order of the trial court overruling his motion to strike certain portions of defendants-appellees' answer. We are called upon to determine whether such order is appealable under Rule 5(2) of this court. Under this rule, in addition to the conventional appeals allowed from all final judgments, appeals are also to be allowed by the district court and entertained by the Supreme Court from "such interlocutory judgments, orders or decisions of the district court, as practically dispose of the merits of the action so that any further proceeding therein would be only to carry into effect such interlocutory judgment, order or decision." Is this such an order?
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