Smith v. Baltimore & Ohio Railroad

The record at bar is intended to have reviewed the ruling that the amended declaration of the plaintiff fails to state a cause' of action. Each of the' defendants raised this question by separate demurrers, which were sever ally sustained, with leave to the plaintiff to amend within ten days. The privilege was not exercised, and no judgment was entered on the demurrer, but the plaintiff appealed. A ruling on a demurrer to a declaration is not a final judgment from which an appeal lies; and the appeal must be dismissed. Miller v. West, 165 Md, 245, 249, 167 A. 696; Emersonian Apartments v.…