Weiss v. Garofalo

Plaintiff, by his complaint, sought to set aside a trustees’ sale, to have the trustees’ deed declared void and of no effect, to have title to the real property involved quieted in himself, and for damages. Defendants’ demurrer to plaintiff’s fifth amended complaint was sustained without leave to amend. Thereafter plaintiff appealed from “the order” sustaining said demurrer but not from the judgment which was subsequently entered.

An appeal being wholly dependent upon and governed by the statutory (or constitutional) enactments relative thereto (2 Cal.Jur. p. 111, § 4) the exercise of the…