Butte & Boston Consolidated Mining Co. v. Montana Ore Purchasing Co.

delivered tbe opinion of tbe court.

Tbe defendants demurred to tbe complaint, aüd tbe plaintiff bas in form taken an appeal from an order made by tbe district court, of wbicb tbe following is a copy: “Tbis day demurrer herein is argued by counsel and by tbe court sustained, and, plaintiff not desiring to amend complaint, judgment is by tbe court entered in favor of defendants and against plaintiff for costs of suit.”

Tbe defendants move a dismissal on tbe ground that tbe order or judgment is not appealable. Tbe plaintiff contends that tbis order of tbe court finally determined tbe rights of tbe…