Schutzler v. Times Publishing Co.
Washington Supreme Court
Appeal from a judgment of the superior court for Pierce county, Chapman, J., entered March T3, 1915, in favor of the defendant, upon sustaining a demurrer to the complaint, in an action for libel.
1Opinion of the CourtChadwick, J.
Appellant brought this action to recover damages for an alleged libel. A demurrer was interposed to the complaint and sustained. Appellant did not stand upon his demurrer and invite the adverse judgment of the court. There is no judgment of dismissal.
*237This court has repeatedly held, under Rem. and Bal. Code, § 1716, and in line with a universally accepted rule of practice, that an appeal will not lie from an order sustaining a demurrer. Potvin v. McCorvey, 1 Wash. 389, 25 Pac. 330; Olsen v. Newton, 3 Wash. 429, 30 Pac. 450; Mason County v. Dunbar, 10 Wash. 163, 38 Pac. 1003; Padley v. Gregg,…
2Cases cited6 opinions
- Olsen v. NewtonWashington Supreme Court · 1891
- County of Mason v. DunbarWashington Supreme Court · 1894
- Potvin v. McCorveyWashington Supreme Court · 1890
- Herbert v. HillmanWashington Supreme Court · 1908
- Padley v. GreggWashington Supreme Court · 1901
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Whitehead v. StringerWashington Supreme Court · 1919
- Anderson v. East Gate Temple Ass'nWashington Supreme Court · 1937
- McLennan v. New Light Gold Mining Co.Washington Supreme Court · 1942
- Kelly-Springfield Tire Co. v. Lotta Miles Tire Co.Washington Supreme Court · 1924