Keyser v. Taylor
Nevada Supreme Court
Appeal from the District Court of the Second Judicial District, Douglas County. This was a suit, purporting to be in equity, to recover three hundred and forty-four dollars and fifty-three cents, alleged to have been loaned by plaintiff to Eliza Taylor before her marriage with her codefendant A. M. Taylor, and to have the judgment therefor declared a lien upon, and for the sale, for the payment of the same, of certain real estate in Douglas County, the separate property of…
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Appeal from the District Court of the Second Judicial District, Douglas County. This was a suit, purporting to be in equity, to recover three hundred and forty-four dollars and fifty-three cents, alleged to have been loaned by plaintiff to Eliza Taylor before her marriage with her codefendant A. M. Taylor, and to have the judgment therefor declared a lien upon, and for the sale, for the payment of the same, of certain real estate in Douglas County, the separate property of Eliza Taylor, her title to which was alleged to have been perfected with the money loaned. The defendants demurred on the…
1Opinion of the Court
By the Court,
Lewis, C. J.
No judgment appears to have been rendered by the Court below in this action. The record shows that the demurrer to the complaint was sustained, but whether judgment was rendered against the plaintiff, or whether he was allowed to amend his pleading does not appear.
The statute does not authorize an appeal from the action of the Court simply sustaining a demurrer. There must in such case be a final judgment before an appeal can be taken. (Practice Act, Sec. 285. Moulton v. Ellmaker, 30 Cal. 527.)
Appeal dismissed.
2Cases cited1 opinion
- Moulton v. EllmakerCalifornia Supreme Court · 1866
3Cited by2 opinions
- Johns-Manville, Inc. v. Lander CountyNevada Supreme Court · 1924
- Chartz v. CardelliNevada Supreme Court · 1930