TROWELL v. DIAMOND SUPPLY CO.


91 A.2d 797 (1952)

TROWELL v. DIAMOND SUPPLY CO. et al.

Supreme Court of Delaware.

October 16, 1952.


Attorney(s) appearing for the Case

Joseph Donald Craven, of Wilmington, for appellant.

William Prickett, of Wilmington, for appellees.

Before SOUTHERLAND, C. J., and WOLCOTT and TUNNELL, JJ.


SOUTHERLAND, Chief Justice.

The motion to dismiss presents two questions:

1. Does the filing of a timely motion for a new trial after judgment in the Superior Court suspend the running of the six-month period for taking an appeal from or suing out a writ of error to the judgment?

2. May a notice of an appeal from an order denying a new trial be treated as a notice of appeal from the judgment itself?

The facts are these:

The plaintiff...

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