Butler v. City of Ashland
Cases that cite this one
5 later published cases cite this decision.
- J. Gregcin, Inc. v. City of Dayton (Or. 1979)
- Ter Har v. Backus (Or. 1970)
- Sandblast v. Oregon Liquor Control Commission (Or. 1945)
- Charleston v. Norman's Estate (Or. 1938)
- Barker v. Sonner (Or. 1930)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Section 548, Or. L., prescribes:
“A judgment or decree may be reviewed as prescribed in this chapter, and not otherwise. An order affecting a substantial right, and which in effect determines the action or suit so as to prevent a judgment or decree therein, or an interlocutory decree in a suit for the partition of real.property, defining the rights of the parties to the suit and directing sale or partition, or a final order affecting a substantial *74 right, and made in a proceeding after judgment or decree, or an order setting aside a judgment and granting a new trial, for the purpose of being reviewed, shall be deemed a judgment or decree.”
In this suit no judgment or decree has been entered. Final disposition of the suit has not ■ been made in the Circuit Court. It has been frequently held that an order overruling or sustaining a demurrer is not appealable. Such an order may be reviewed on • appeal taken from the judgment , or decree, but the order itself is not a final determination of the case and is not appealable: Weeks v. Snider, 107 Or. 138, 141 (214 Pac. 334).
The appeal is premature and must therefore be dismissed. Appeal Dismissed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.