Judgment reversed, on the law, and new trial granted. The questions of fact have not been considered. Appeal from order dismissed.
An order denying a motion for a new trial, etc., made only on the trial minutes, is not appealable; further, this appeal is academic, in view of the determination herein upon the appeal from the judgment. One bill of costs, to cover both appeals, is allowed, to abide the event of the new trial. In our opinion, it was prejudicial error...
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