First Title & Securities Co. of Bloomington v. United States Gypsum Co., of Chicago

Faville, J.'

I. A portion of appellee’s argument is directed to the question of the jurisdiction of this court to entertain the appeal in this cause, upon the record made. Appellee contends that the appeal is, in effect, merely an appeal from a ruling on a motion to strike, and that such an intermediate order is not appeal-able.

There are two sufficient answers to this contention of the appellee’s: (1) The question is not raised in this court by motion or written objections, as required by Section 12886, Code, 1927; and (2) it affirmatively appears that the appeal is from a final judgment…