Bosworth v. Wilson
West Virginia Supreme Court
Appeal from Circuit Court, Randolph County. Bill by A. S. Bosworth and another against W. G. Wilson and others. From an order sustaining a demurrer to the bill, complainants appeal. Dismissed.
1Opinion of the Court
BRAnnon, President.
To a bill in equity in the circuit court of Randolph county filed by Boswortli and Rum'barger against Wilson and others a demurrer was entered, and the court made an order which sustained the demurrer and gave leave to file a second amended bill.
From this order an appeal has been taken.
This Court cannot consider the merits. The law gives it no jurisdiction of an appeal from such a decree, for want of finality. The order is interlocutory. The court can retract it and make an opposite ruling. An order merely sustaining a demurrer, but not dismissing the bill, is not…
2Cases cited4 opinions
- Hannah v. BankWest Virginia Supreme Court · 1903
- Gillespie v. ColemanSupreme Court of Virginia · 1900
- Greer v. MitchellWest Virginia Supreme Court · 1896
- White v. C. & O. Railway Co.West Virginia Supreme Court · 1885
3Cited by3 opinions
- Delardas v. Morgantown Water CommissionWest Virginia Supreme Court · 1964
- Cost v. MacGregorWest Virginia Supreme Court · 1941
- Garrett v. GarrettWest Virginia Supreme Court · 1922