Heier v. Heier

*759The opinion of the court was delivered by

Robb, J.:

This appeal is from an order overruling a motion by appellants (plaintiffs below) for judgment on the pleadings and stipulation in an action wherein a partition of real estate and an accounting of rents, profits and income therefrom are sought.

We are first confronted with a question as to whether the order is such a final order, or is tantamount to a ruling on a demurrer, so that an appeal can be taken therefrom.

The pertinent part of the journal entry containing the court’s, order which is necessary to a determination of the question before us…