Legal Opinion

State ex rel. Small v. Fleming

Washington Supreme Court

Decided March 22, 1905No. 5351PublishedCited by 2 opinions

Appeal from an order of the superior court for Snohomish county, Denney, J., entered February 13, 1904, sustaining a demurrer to a complaint.

1Per curiam

The respondents move to dismiss the appeal in this case upon the ground that the same is taken or sought to be taken from an order sustaining a demurrer *532to appellant’s complaint. This court has repeatedly held that such an order is not appealable. Potvin v. McCorvey, 1 Wash. 389, 25 Pac. 330; Olsen v. Newton, 3 Wash. 429, 30 Pac. 450; Mason County v. Dunbar, 10 Wash. 163, 38 Pac. 1003; Padley v. Gregg, 26 Wash. 322, 67 Pac 72.

The motion must be granted, and the appeal is hereby dismissed.

2Cases cited4 opinions

  1. Olsen v. NewtonWashington Supreme Court · 1891
  2. County of Mason v. DunbarWashington Supreme Court · 1894
  3. Potvin v. McCorveyWashington Supreme Court · 1890
  4. Padley v. GreggWashington Supreme Court · 1901

3Cited by2 opinions

  1. Zellar v. SiemensWashington Supreme Court · 1910
  2. Seattle & Northern Railway Co. v. BowmanWashington Supreme Court · 1907