Tripp v. Magnus
Washington Supreme Court
Error to District Gourt, Pierce County. Action by O. C. Tripp against David Magnus upon an open account of goods sold; demurrer by defendant alleging that the complaint did not state facts sufficient to constitute a cause of action. Plaintiff appealed “from the order, decision and judgment” of the district court sustaining said demurrer. An order overruling or sustaining a demurrer is not a final order, and no appeal can therefore be taken from it.
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Error to District Gourt, Pierce County. Action by O. C. Tripp against David Magnus upon an open account of goods sold; demurrer by defendant alleging that the complaint did not state facts sufficient to constitute a cause of action. Plaintiff appealed “from the order, decision and judgment” of the district court sustaining said demurrer. An order overruling or sustaining a demurrer is not a final order, and no appeal can therefore be taken from it. Moulton v. Ellmalcer, 30 Cal. 527; Hibberd v. Smith, 39 Cal. 145; Ashley v. Olmstead, 54 Cal. 616.
1Opinion of the Court
The opinion, of the court was delivered by
Dunbar, J.
In this case, the motion of the defendant in error to dismiss this appeal, as shown by his brief, is based on but two grounds: (1) Because no notice of the appeal from the judgment reudered in said cause had ever been given in open court, or filed and served on defendant in error or his counsel; and (2] because no assignment of errors has been filed or served upon defendant in error or his counsel within the time required by rule five of this court. And the question whether or not the judgment or order appealed from was not such a final…
2Cited by4 opinions
- Strickland v. Rainier Golf & Country ClubWashington Supreme Court · 1930
- Marsh v. DegelerWashington Supreme Court · 1891
- Anderson v. East Gate Temple Ass'nWashington Supreme Court · 1937
- Smith v. Seattle & Montana Railway Co.Washington Supreme Court · 1893