Van De Yacht v. Town of Holland

Upon an appeal from a judgment there may be a review of an. intermediate order which involves the merits and necessarily affects the judgment. This review may be had without a bill of exceptions if the alleged error appears upon the face of the record. Sec. 274.34, Stats. An order overruling a demurrer is such an order. On this appeal, if the complaint does not disclose a cause of action or set forth facts which show a cause of action may exist, a judgment cannot follow. A cause of action must exist. There must be a primary right possessed by the plaintiff, a corresponding primary duty…