17 P.2d 693 | Nev. | 1933
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.]
1. The ground of the motion to dismiss is that the order is not appealable before final judgment, and that *370 the court has no jurisdiction of the appeal. Plaintiff contends that the order is appealable, first, because it is a final judgment within the purview of paragraph 1 of section 8885 N.C.L.; and, second, because the restraining order is an injunction within the meaning of paragraph 2 of said section.
The first contention is decided adversely to plaintiff in the case of Kapp v. Kapp,
2. Is the order appealable in so far as it places an injunction on the plaintiff from proceeding further in the case? Even if it were, nothing could be considered on the appeal except that phase of the order. Meadow Valley Mining Company et al. v. Elliot Dodds et al.,
The appeal must be dismissed.
It is so ordered. *371