Johansen v. McMillan

There are four defendants to the bill of complaint in this case; namely, William Johansen, D. Seward, H. J. Young, and Clifford H. Johansen. William Johansen did not answer and no decree pro confesso was taken against him. Seward filed a disclaimer. Young filed a separate answer. Clifford H. Johansen filed a demurrer which being overruled, this appeal was attempted to be allowed him “in order to settle the principles of the case and to avoid expense and delay.”

We have held in several cases that an interlocutory appeal is not allowable upon a demurrer when some, but not all, defendants have…