State Farm Mutual Automobile Insurance Company, a Corporation v. Audra H. Palmer

Plaintiff, according to the record, sustained personal injuries on January 17, 1948, as a result of operation of an automobile by one Nollner. She recovered a judgment on January 18, 1951, after trial, for $27,500 for damages against Noll- ner in the state court. The latter was insured by defendant to the extent of $10,000 only by a policy in force at the time plaintiff was injured. Plaintiff brought action in the United States District Court on the policy. Defendant resisted on the ground that Nollner had not appeared at the original trial. The cause was tried in February, 1952. On October 22, 1953, a minute order was entered in favor of defendant, but, on consideration of the findings of fact, judgment for plaintiff entered July 6, 1954. Defendant filed a motion for new trial and to amend the findings, which the trial court denied August 24, 1954. The defendant filed notice of appeal from this order on September 17, 1954, insofar as it denied amendment of the findings and put the judgment in effect.

The appellee has moved to dismiss the appeal because it was not taken from a final judgment.

Appellant acquiesces in this statement but urges (1) that an intention to review the…