Legal Opinion
Parker v. Owen
California Court of Appeal
Decided February 5, 1948No. Civ. No. 16191PublishedCited by 3 opinions
1Opinion of the CourtMcCOMB, J.
This is a motion to dismiss an appeal from an order of the trial court denying plaintiff's motion to dismiss the action before any evidence was offered.
This is the single question presented for determination :
Is an order denying a motion to dismiss an action before any evidence is offered an appealable order?
This question must be answered in the negative for the reason that an order denying a motion to dismiss an action before any evidence is received is not an appealable order. (Perry v. Magneson, 207 Cal. 617, 620 [279 P. 650] ; Andersen v. Superior Court, 187 Cal. 95, 97. [200 P. 963];…
2Cases cited6 opinions
- Andersen v. Superior CourtCalifornia Supreme Court · 1921
- Perry v. MagnesonCalifornia Supreme Court · 1929
- Garthwaite v. Bank of TulareCalifornia Supreme Court · 1901
- Forrester v. LawlerCalifornia Court of Appeal · 1910
- Forrester v. LawlerCalifornia Court of Appeal · 1910
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Samuel v. Stevedoring Services of AmericaCalifornia Court of Appeal · 1994
- Eistrat v. HumistonCalifornia Court of Appeal · 1954
- Obergfell v. ObergfellCalifornia Court of Appeal · 1955