Fladeland

This is an appeal from a judgment of dismissal in an action on a war risk insurance policy, after nonsuit made and entered December 17, 1930. A formal judgment of dismissal was entered March 9, 1931, and the petition for appeal allowance and notice thereof were; all dated March 10, 1931. The appellee moves to dismiss the appeal on the ground that it is taken from the order of nonsuit of December 17, 1930, whereas no final judgment was rendered until March 9, 1931. Inasmuch as the appeal is taken in time in either event, and purports to be from tho judgment of dismissal, a mistake in tho date of the judgment would be of little significance. The ease came on for trial December 17,1930. A motion for a nonsuit was made by the government at the close of plaintiff’s ease, and it was granted as to $7,000 term insurance and denied as to $3,000. The reason for this form of the order was that the court concluded that, while there was not sufficient evidence of total and permanent disability within the life of the $10,000 war risk insurance policy sued upon by the plaintiff and appellant, there was sufficient evidence to go to the jury of such disability within the life of tho $3,000…