Heater v. Boston & Montana Corp.

This is an attempted appeal from an order of the district court sustaining respondents’ demurrer to a petition filed in this action and dismissing the petition. At the outset, the respondents contend that the appeal should be dismissed as the order is not appealable, and that therefore this court is without jurisdiction.

From the allegations of the petition which was filed May 15, 1928, it appears that on May 13, 1923, the appellants regularly foreclosed their mechanics’ liens against the Boston & Montana Milling & Power Company et al. in the district court of Beaverhead county, wherein…