Rush v. Rush

By the Court.

1. An action under the code for partition in which equitable relief is to be administered between the parties in order to effect a partition of the estate is appealable.

2. Where a suit which is appealable is disposed of in the court of common pleas on a demurrer to the petition, and an appeal taken by the plaintiff to the district court, the appeal can not be dismissed on the ground that the petition does not show a cause of action. The appellant has the right to have the judgment of the appellate court on the demurrer to his petition; and if the judgment is against him to ask…