Newton v. Newton

Heffernan, J.,

dissents. I dissent and vote to affirm the judgments. I agree that the trial judge improperly directed that these actions be tried together. However, if plaintiffs desired to review that ruling it was incumbent upon them to enter an order and review the same upon appeal from the judgments. (Civ. Prac. Act, § 580.) It cannot be reviewed on appeal merely from the final judgments.

Judgments reversed on the law, and new trials granted, with costs to abide the event.