Padley v. Gregg

Washington Supreme Court
Padley v. Gregg, 26 Wash. 322 (Wash. 1901)
67 P. 72; 1901 Wash. LEXIS 647

Padley v. Gregg

Opinion of the Court

Per Curiam.

Motion is made to dismiss the appeal in this case for the reason that said appeal is from an order sustaining a demurrer. The record showing that the appeal was talten from the order of the court sustaining a demurrer to appellant’s complaint, the motion must he sustained, as we have decided in Potvin v. McCorvey, 1 Wash. 389 (25 Pac. 330), and Mason County v. Dunbar, 10 Wash. 163 (38 Pac. 1003), that an appeal will not lie from an order sustaining a demurrer. The case falls within the rule announced in those cases, and the appeal is dismissed.

Reference

Full Case Name
Benjamin W. Padley v. James Gregg
Cited By
6 cases
Status
Published
Syllabus
APPEALABLE ORDER-RULING ON DEMURRER. An order sustaining a demurrer is not an appealable one.