Caputo v. Keller

This is an appeal from a judgment sustaining a demurrer, which demurrer in effect claimed that the petition did not state a cause of action.

Complaint is made first that there is no final order entered by the Court of Common Pleas and hence this court has no jurisdiction to review the judgment. The journal entry sustaining the demurrer merely states that the demurrer is sustained; gives no time for amendment; and does not dismiss the petition. Ordinarily, a failure to dismiss the petition upon the sustaining of a demurrer does not constitute a final order. (Betz v. Industrial Commission, 139…