Peacock Construction Co. v. Chambers

Duckworth, Chief Justice.

We granted the petition for certiorari because we, along with the Court of Appeals, have been confused by decisions of this court. We can do something about it, but that court is helpless to avoid some of our decisions by which they are constitutionally bound. It is difficult to understand how any lawyer or judge could think that an express judgment sustaining a demurrer to a petition is not completely final as to all rights of the petitioner asserted therein. Whether or not a formal order dismissing the petition is ever entered, the judgment sustaining the demurrer…