Opinion
Submitted May 31, 1929 —
Decided February 3, 1930.
Appeal under Practice act of 1912, corresponding to writ of error at common law, will not lie until there has been a final judgment not only as to all issues but also as to all parties; and in a case where the record shows a judgment of nonsuit in favor of one or two joint tort feasors and no judgment as to the other, the appeal will be dismissed.
On plaintiff's appeal from the Essex County Circuit Court.
For the appellant, John W. Palmer.
For the respondent, Samuel D. Williams.
This appeal will be dismissed. The record, as disclosed by the printed case laid before us, shows that the two defendants were charged as joint tort feasors, and that at the trial a nonsuit was ordered as to the defendant Gottfried; but there is nothing to show that any judgment was rendered as to the defendant Moge.
The rule is that writ of error (or appeal tantamount thereto) will not lie unless there has been a final disposition of the case, not only as to all the issues, but also as to all the parties. 3 C.J. 462, 464. As to issues, see Sautter v. Order of Heptasophs, 74 N.J.L. 608, and cases cited. The cases in this state on parties, are Young v. Board of Education, 84 Id. 770, and Wheat v. Public Service Gas Co., 97 Id. 584.
For dismissal — THE CHANCELLOR, CHIEF JUSTICE, TRENCHARD, PARKER, KALISCH, BLACK, CAMPBELL, LLOYD, CASE, BODINE, VAN BUSKIRK, McGLENNON, KAYS, HETFIELD, DEAR, JJ. 15.