State Ex Rel. State Board of Medicine v. Smith

TAYLOR, Justice.

The plaintiff (appellant) brought this appeal from the order of the district court sustaining defendant’s demurrer which is as follows:

“It is Ordered that said demurrer be sustained, and it is hereby sustained, without leave to plaintiff to amend its said second amended complaint.”

Where such an order is made without leave to amend, it contemplates a final judgment of dismissal. It is an intermediate order reviewable upon appeal from the final judgment, § 13-219, I.C., and is not an appealable order. § 13-201, I.C.; La Salle Extension University v. District Court, 52 Idaho 559,…