Cook v. Stewart McKee & Co.

The question for decision is whether a defendant has the right of appeal from the clerk’s entry in his registry of the dismissal of an action on the request of plaintiff, where no counterclaim or other pleading demanding affirmative relief has been filed.

In the court below defendant filed its motion to strike and a demurrer to the amended complaint for damages alleged to have been suffered as a result of a breach of contract to sell specified quantities of beer to plaintiffs. The court allowed plaintiffs to strike certain passages and overruled the demurrer. Two weeks subsequent to the filing…