Parham-Thomas-McSwain, Inc. v. Atlantic Life Insurance
Parham-Thomas-McSwain, Inc. v. Atlantic Life Insurance
Opinion of the Court
The opinion of the Court was delivered by
This is an appeal from an order setting aside a directed verdict, on the counterclaim interposed by the defendant; also, from the order refusing the defendant’s motion for the direction of a verdict, as to the plaintiff’s cause of action; The jury failed to agree upon a verdict, and a mistrial was ordered as to the cause of action alleged in the complaint.
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As both the plaintiff’s cause of action, and the defendant’s counterclaim, are dependent upon questions of fact, it necessarily follows that judgment absolute cannot be rendered by this Court.
If the Court should entertain jurisdiction of the appeal, under such conditions, and should reach the conclusion that there was sufficient testimony to carry the case to a jury, it could not make any orders changing the present status of the case. The tendency of the Court is to discourage appeals from interlocutory orders, in order that there may be an end of the case. It therefore feels constrained to refuse to entertain jurisdiction of these appeals, and it is so ordered.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.