Hews v. Stonebreaker
Supreme Court of Iowa
Appeal. No appeal will lie from an opinion filed by a trial court nor from a ruling sustaining a demurrer where no exception was taken. Appeal from Calhoun District Court.— Hon. Z. A. Church, Judge. Suit in equity to enjoin the collection of a drainage tax, levied and assessed against plaintiff’s land. The trial court sustained a demurrer to plaintiff’s petition, and she appeals. — ■
1Opinion of the CourtDeemer, J.
— The appeal is from the opinion of the trial court in ruling on the demurrer and from the ruling on the demurrer and the judgment rendered on said ruling. It is fundamental that an appeal will not lie from an opinion filed by the trial court. This opinion is simply the reason given for a certain conclusion, and it usually contains directions to the clerk, but it is not in itself an appealable order or judgment. An order which sustains or overrules a demurrer is appealable. Code, section 4101, subd. 3. The record shows that the case was submitted to the court at its *609September, 1905, term,'and…
2Cases cited1 opinion
- Exchange Bank v. PottorfeSupreme Court of Iowa · 1895
3Cited by3 opinions
- Scott v. ManleySupreme Court of Iowa · 1949
- Daus v. ShortSupreme Court of Iowa · 1915
- Castor v. DufurSupreme Court of Iowa · 1907