Stephens v. City of Springdale

Ed. F. McFaddin, Associate Justice.

The appellants prosecute this appeal from a Decree of the Chancery Court (a) sustaining a demurrer to their amended and substituted complaint and (b) granting appellees’ motion to dismiss the complaint. Since the record contains no statement to the effect that the appellants— plaintiffs below — elected to stand on their amended and substituted complaint after the demurrer was sustained, we cannot treat the order of the Court sustaining the demurrer as a final and appealable order. Portis v. Board, 212 Ark. 822, 208 S. W. 2d 772; and Ark. State Board v.…