State ex rel. Pflug v. Judge of Division E

The opinion of the Court was delivered by

Pocirfi, J. .

Relator invokes the remedy of mandamus to compel the respondent Judge to grant him a suspensive appeal from a decree sustaining a motion to strike out a reconventionál demand presented in his answer -to- a suit in which he was the defendant.

The .case has not yet been tried, hence the decree complained of is: *766not a final judgment in the case; therefore it is an interlocutory judgment.

The right of appeal from such a judgment is recognized in our law when the judgment may cause irreparable injury to the party complaining.

If the Judge erred in…