County of Mason v. Dunbar

The opinion of the court was delivered by

Dunbar, C. J.

This is an appeal from an order sustaining a demurrer to a complaint. After the demurrer was sustained, and before judgment was entered, the plaintiff gave notice of appeal from the said order sustaining the demurrer, and did appeal therefrom, the judgment never having been entered in the original case. Respondents move to dismiss this appeal for the reason that there is no provision in law for appealing from an order of the court sustaining a demurrer.

This court held in Potvin v. McCorvey, 1 Wash. 389 (25 Pac. 330), that no appeal would…