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Feinberg v. George Washington Cemetery Inc.

Decided: January 31, 1964.

FEINBERG, ET AL.
v.
GEORGE WASHINGTON CEMETERY, INC., ET AL.



Appeal from the Circuit Court for Howard County; Macgill, J.

Brune, C. J., and Henderson, Prescott, Horney and Sybert, JJ.

Per Curiam

After the remand in the earlier case of Feinberg v. Geo. Wash. Cemetery, 226 Md. 393, a jury brought in a verdict for the plaintiff. On motion for judgment N.O.V. or in the alternative for a new trial, the court denied the motion for judgment N.O.V. but granted a new trial. Since there is no final judgment to appeal from, the motion to dismiss the appeal must be granted. Snyder v. Cearfoss, 186 Md. 360, 366; Code (1957), Art. 5, sec. 1. In the absence of a final judgment there can be no review of the ruling on the motion N.O.V. Sears v. B. & O. Railroad, 219 Md. 118, 122.

Appeal dismissed, with costs.

Disposition

Appeal dismissed, with costs.

19640131

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