Herman v. Babbitt

The appeal in this case was taken from the following order:

“Both parties appearing by respective counsel, Francis D. Crable appearing for plaintiffs, and Jones & Jones for defendant, and defendant’s amended demurrer to the complaint is heard and by the court overruled. Defendant has until July 9, 1917, to plead further. Thereupon, jury is demanded by defendant, dated July 2, 1917.”

No further order seems to have been made in the lower court in the cause, and no final judgment appears in the record. We have held in Navajo-Apache Bank & Trust Co., W. H. Burbage & F. N. Nelson, Appellants, v.…