Quilinchini v. Civil Service Commission

Mr. Justice De Jesús

delivered the opinion of the court.

In a proceeding instituted to obtain a declaratory judgment the lower court granted a demurrer for insufficiency of facts. The clerk of said court notified the plaintiff of the order as.if it was one from which appeal could be taken. Led into error by the way in which the clerk served the notice, the plaintiff did not move for judgment hut appealed to this court. Both parties filed their briefs and presented oral arguments at the hearing but neither alleged that the order was unappealable.

*655 The right of appeal is a remedy which only exists…