St. Paul Division No. 1, Sons of Temperance v. Brown

By the Court

Flandrau, J.

The Respondent abovenamed ivas Plaintiff below, and his complaint was demurred to. The demurrer was overruled by the court, with leave to the *152Defendant to answer within twenty days from service of the order overruling the demurrer. From this order the Defendants appeal. The Plaintiff now moves to dismiss the appeal on the ground that the order is not appealable. The position taken by the Plaintiff in this motion is, that the decision of a court on a demurrer to a complaint is not an order, but a judgment, and that no appeal lies until the same is perfected of record by…