Rosslow
Rosslow v. Janssen
Opinion
Lead Opinion
Tyler, J.
Motion to dismiss appeal. From the record it appears that on August 3, 1933', a jury rendered a verdict in the above-entitled action in favor of plaintiff and against the defendant in the sum of $8,000 and costs. The action was one brought under the provisions of section 29 (b) of the Workmen’s Compensation Act for damages for personal injuries and for attorneys’ fees as provided for under the act. Entry of judgment upon the verdict was stayed by the trial court pending its disposition of defendant’s motion for judgment notwithstanding the verdict. Thereafter, on August 14, 1933, defendant served and filed his notice of intention to move for a new trial. On September 11, 1933, the trial court denied defendant’s motion for judgment notwithstanding the verdict and, acting under section 29 (b) of the act above referred to, granted plaintiff the sum of $1,000 attorneys’ fees in addition to the amount of the verdict. A ten .days’ stay of execution was ordered until after the determination of defendant’s motion for a new trial. On the following day, September 12, 1933, the clerk entered judgment for $8,000, together with the sum of $496.25 as costs, in accordance with the verdict, but…