O'Neill v. Johnson
Indiana Supreme Court
From Saint Joseph Circuit Court; William A. Funh, Judge. Action by Sarah O’Neill against Harry D. Johnson. From a judgment for defendant, plaintiff appeals. (Transferred from the Appellate Court under §1405 Burns 1908, Acts 1901 p. 590.)
1Opinion of the CourtMonks, J.
Appellant brought this action against appellee to recover damages for personal injuries alleged to have been caused by the negligence of appellee. A demurrer to the amended complaint for want of facts was sustained by the court.
The only error assigned in this court calls in question the action of the court in sustaining said demurrer.
Appellee has filed a motion to dismiss this appeal, for the reason that it does not appear from the record that final j udgment has been rendered.
1. It is settled that sustaining a demurrer to a complaint is not a final judgment from which an appeal will lie, and…
2Cases cited4 opinions
- State, ex rel. Shenk v. LungIndiana Supreme Court · 1907
- James v. Lake Erie & Western Railway Co.Indiana Supreme Court · 1896
- Kelley v. AugspergerIndiana Supreme Court · 1908
- Ernest v. Grand Trunk Western Railway Co.Indiana Court of Appeals · 1905
3Cited by4 opinions
- Cochran v. Sloan, AuditorIndiana Court of Appeals · 1934
- Williams v. Williams, Admr.Indiana Supreme Court · 1939
- Jackson Hill Coal Co. v. Van HentenryckIndiana Court of Appeals · 1918
- Taylor Washing Machine Co. v. LamereIndiana Court of Appeals · 1933