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DENMON v. RHODES

416 Pa. 568 (1965)

Denmon, Appellant, v. Rhodes.

Supreme Court of Pennsylvania.

March 16, 1965.

Attorney(s) appearing for the Case

G. Clinton Fogwell, Jr., with him Melva L. Mueller, John W. Wellman, and Reilly and Fogwell, for appellants.

James E. O'Neill, Jr., with him Rogers & O'Neill, for appellee.

Before BELL, C.J., MUSMANNO, JONES, COHEN, EAGEN, O'BRIEN and ROBERTS, JJ.

OPINION BY MR. CHIEF JUSTICE BELL, March 16, 1965:

Plaintiffs sued defendant in trespass. The jury returned a verdict for defendant. Plaintiffs appealed to this Court from an Order of the lower Court which dismissed their motion for a new trial.

As stated in the footnote in Menyo v. Sphar, 409 Pa. 223, 224, 186 A.2d 9:

"Too many members of the Bar mistakenly believe that the appeal is from an Order which dismissed...

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