Bogle v. Puget Sound Cooperative Colony
Bogle v. Puget Sound Cooperative Colony
Opinion of the Court
The opinion of the court was delivered by
This is an appeal from an order changing the place of trial, and respondent moves the dismissal for the reason that it is not an appealable order. The right of appeal is statutory, and it follows that no appeal will be sustained unless it is specially given by statute. It is true that section 1, page 336, of the Session Laws of 1890, provides that appeals may be taken to the supreme court from the superior court in all actions and proceedings (excepting the constitutional limitation as to value), but the words “ actions and proceedings ” must be, and always have been, construed to mean an action or proceeding which has culminated into a judgment which determines the subject matter in controversy, and not a mere interlocutory
This court has so often held that it will not hear cases by piecemeal that it seems hardly necessary to re-affirmit. If the lower court erred in granting the change applied for, when the case is finally determined, and that question is properly brought here, the court will examine it, but not until then.
The motion is sustained, and the appeal dismissed.
Anders,. O. J., and Hoyt, Scott and Stiles, JX, concur.
Reference
- Full Case Name
- James S. Bogle v. The Puget Sound Cooperative Colony
- Status
- Published
- Syllabus
- APPEAL — PINAL ORDER. An order changing the place of trial of a cause from one county to another is not such a final order that an appeal may be prosecuted therefrom to the supreme court.