Roeske v. Lamb

WATSON, Chief Justice.

This motion to dismiss the appeal presents the question whether an order sustaining a demurrer to a complaint as setting forth no cause of action is appealable.

Appellant contends that the order is appealable as “such (an) interlocutory * * * order * * * as practically dispose(s) of the merits of the action, so that any further proceeding therein, would be only to carry into effect such interlocutory * * * order * * N. M. App. Proc. Rule II, § 2.

It is not easy to answer this contention if we treat the taking of the appeal as an election not to plead further, as we believe…