California Courts of Appeal, 1920

Pacific S. Home v. Protection Dist.

Pacific S. Home v. Protection Dist.
California Courts of Appeal · Decided September 20, 1920 · THOMAS, J. —
193 P. 169; 49 Cal. App. 326; 1920 Cal. App. LEXIS 283

Pacific S. Home v. Protection Dist.

Opinion of the Court

In this action damages are sought for an alleged interference by the defendant with the natural flow of the waters of the Santa Ana River.

There was served and filed a third amended complaint, to which a general demurrer was interposed and sustained *Page 327 without leave to amend. No judgment was given, made, or entered. The attempted appeal is from the order sustaining the demurrer.

[1] Such an order, under our law, is not appealable. (Sec. 963, Code Civ. Proc.)

The attempted appeal is dismissed.

Finlayson, P. J., and Weller, J., concurred.

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