Owen v. McCormick

This is a motion to dismiss the appeal from an order striking the complaint from the files, and overruling a motion to allow it to be amended. It is claimed that this is an appealable order, under the pro*256visions of the Code of Civil Procedure (R S. 1879, § 408); that “ an appeal may be taken from a final judgment in an action on special proceeding commenced in the court in which the same is rendered;” and that the order striking the complaint from the files is a final judgment, within the meaning of this provision. But it was necessary that something more should be done before it can be said…