Kalmon v. Stumpf

*302OPINION

By FUNK, J.

The motion filed by defendant in this court to dismiss the petition in error for want of jurisdiction because there was no final judgment in the Common Pleas Court, is overruled.

First. Counsel for plaintiff claim that this latter entry shows that the motion was treated the same as' a demurrer and amounts to a dismissal of the petition because it does not state facts sufficient to constitute a cause of action.

We do not agree with this claim, for the reason that a demurrer on that ground attacks the petition as a whole, and so far as these entries are concerned, nothing was…