Rickert v. Zoeger
California Supreme Court
APPEAL from an order of the Superior Court of Los Angeles County sustaining a demurrer. John Perry Wood, Judge. The facts are stated in the opinion of the court.
1Opinion of the CourtShaw, J.
The action is to recover a sum of money alleged to be due upon an agreement for the sale of a “saloon business” in the city of Los Angeles.
The notice of appeal states that the plaintiff appeals “from the decision of the superior court rendered in said action, whereby the said court sustains defendant’s demurrer to plaintiff’s fifth amended complaint without leave to amend.” The record does not show that any judgment was entered and it does not contain any other notice of appeal.
An order sustaining or overruling a demurrer is not an appealable order. (Moraga v. Emeric, 4 Cal. 308; Moulton v.…
2Cases cited6 opinions
- Agard v. ValenciaCalifornia Supreme Court · 1870
- Ashley v. OlmsteadCalifornia Supreme Court · 1880
- Hibberd v. SmithCalifornia Supreme Court · 1870
- Moulton v. EllmakerCalifornia Supreme Court · 1866
- Moraga v. EmericCalifornia Supreme Court · 1854
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