Derzis v. Cox

The action is on a series of four promissory notes of $2,250 each, given for the purchase money of lands.

Plaintiff is the vendor and the payee of the notes, the defendant the purchaser and the maker of the notes.

Defendant, claiming an equitable defense, filed a motion to transfer the cause to the equity docket under Code, § 6490.

Demurrer to the motion, as amended, was sustained. This ruling is assigned as error.

It is now well settled that an order denying such motion, or rulings resulting in such denial, are not reviewable by appeal taken from such interlocutory order, nor on appeal from the…