Washington Supreme Court, 1905

State ex rel. Small v. Fleming

State ex rel. Small v. Fleming
Washington Supreme Court · Decided March 22, 1905
37 Wash. 531; 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.

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