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

APPEAL — In The Absence Of A Final Judgment There Can Be No Review Of The Ruling On The Motion For Judgment N.O.V. p. 441

H.C.

Decided January 31, 1964.

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.

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FEINBERG v. GEO. WASH. CEMETERY
(Jan 31, 1964)