Linn v. Linn

FOSTER, Justice.

This is an appeal taken by complainant in a divorce suit from a decree setting aside a final decree of divorce. Appellant assigns as error the overruling of his demurrer to the motion of appellee to set aside the decree of divorce, also the decree setting it aside. We fail to find a decree overruling the demurrer to the motion. But a demurrer to a motion is inappropriate, and need not be acted on. 42 Corpus Juris 501, 502, notes 18 and 19; 37 Amer.Jur. 508, section 15. That was apparently the view of the trial court.

The appeal must be dismissed, though there is no motion by…