The opinion
Simpson, C. J.
(dissenting)—I cannot agree with the conclusion reached by the majority.
Art. IV, § 4, of our state constitution confers upon this court appellate jurisdiction. We should not surrender our right nor refuse to perform our duty in cases such as the one before us. We should, in all cases in which the trial court grants a new trial, review the case and ascertain whether the trial court abused its discretion. By the opinion we have declared that, in the instances mentioned in (A), (B), (C) and (D) of the “addendum,” the parties against whom the order is made do not have recourse to this court.
Hereafter, in cases such as we have before us and those mentioned in the “addendum,” the attorneys who represent individuals who are in the position of these appellants must *143 say to their clients, “In so far as the order in this case is concerned, there is no supreme court—the orders of the trial court are as the laws of the Medes and Persians.”
May 12, 1950. Petition for rehearing denied.