Robison v. Fillmore Commercial & Savings Bank

We are met at the threshold of this ease with a motion of the respondent to dismiss the appeal on the ground that no judgment has ever been entered.

It appears from the minute orders of the lower court that—

“The court orders the demurrer of the defendant to the complaint of plaintiff sustained, and plaintiff is allowed until July 5th to prepare and file an amended complaint.”

In the minute book of the court it further appears that—

“Counsel for plaintiff in open court states that the plaintiff stands on its complaint as filed herein. The court then enters its order dismissing said complaint.”

The…