GUERNSEY, J.
This appeal came on to be heard on an order to show cause why it should not be dismissed for want of a final appealable order. At the outset of the hearing the appellee orally moved that the appeal be dismissed.
As a stated first cause of action in his third amended petition filed on February 4, 1961, the plaintiff, Charles D. Mories, alleged the collision of a vehicle operated by him with one operated by the defendant, James P. Hendy, appellant...
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