Baker v. Mohler

OPINION

By THE COURT:

This is an appeal from an order of the Common Pleas Court sustaining a demurrer to plaintiffs’ petition.

The demurrer was upon one of the statutory grounds of §11309 GC:

“That it appears upon the face of the petition that there is another action pending between the parties hereto for the same cause.”

The entry from which the appeal is prosecuted recites only that the Court sustains the demurrer. There is no election to plead further nor is there any dismissal of plaintiffs’ petition. There is, then no final order or judgment from which an appeal can be prosecuted. Holbrook v.…