State ex rel. Small v. Fleming

Washington Supreme Court
State ex rel. Small v. Fleming, 37 Wash. 531 (Wash. 1905)
79 P. 1115; 1905 Wash. LEXIS 764

State ex rel. Small v. Fleming

Opinion of the Court

Per Curiam.

The respondents move to dismiss the appeal in this case upon the ground that the same is taken or sought to be taken from an order sustaining a demurrer *532to appellant’s complaint. This court has repeatedly held that such an order is not appealable. Potvin v. McCorvey, 1 Wash. 389, 25 Pac. 330; Olsen v. Newton, 3 Wash. 429, 30 Pac. 450; Mason County v. Dunbar, 10 Wash. 163, 38 Pac. 1003; Padley v. Gregg, 26 Wash. 322, 67 Pac 72.

The motion must be granted, and the appeal is hereby dismissed.

Reference

Full Case Name
The State of Washington, on the Relation of Raine A. Small v. Thomas C. Fleming
Cited By
2 cases
Status
Published
Syllabus
Appeal — Appealable Obdeks. An order sustaining a demurrer is not appealable.