Nicoll v. First National Trust & Savings Bank of San Diego

Respondent has moved to dismiss this appeal upon the sole ground ‘ ‘ That said attempted appeal from the ‘Order sustaining Demurrer without leave to amend’ is not an appealable order.”

An examination of the record discloses that the complaint contains three causes of action; that a general demurrer to the first and third causes of action was sustained' without leave to amend and overruled as to the second cause of action.

The notice of appeal contains a notice that it was taken “from the ‘Order Sustaining Demurrer Without Leave to Amend’, dated January 4th, 1934, and entered in Minute Book 117,…