Newton v. Roberts

No cause shall be carried to the Supreme Court upon any bill of exceptions, so long as the same is pending in the court below, unless the decision or judgment complained of, if it had been rendered as claimed by the plaintiff in error, would have been a final disposition of the cause, or final as to some material party thereto. Civil Code (1910), § 6138.

(а) Where a defendant files a general demurrer to a petition, a judgment overruling the demurrer is a final determination of the case as to him; and accordingly, under application of the provisions of the foregoing section of the code, such…