Seagram-Distillers Corp. v. Lang

Peterson, Justice.

Motion to dismiss an appeal by plaintiff from an order of the district court sustaining a demurrer to the complaint upon the ground that the appeal was taken after judgment had been entered.

Defendant’s demurrer to the complaint was sustained. Without notice to plaintiff, the clerk entered judgment for defendant. The judgment adjudged that the court sustained defendant’s demurrer to the complaint. It contained no provision dismissing the action or for costs and disbursements. After judgment had been entered, plaintiff appealed from the order sustaining the demurrer to the…