Hutchinson Co. v. Fahey

Washington Supreme Court
Hutchinson Co. v. Fahey, 99 Wash. 165 (Wash. 1917)
168 P. 1139; 1917 Wash. LEXIS 1027

Hutchinson Co. v. Fahey

Opinion of the Court

Per Curiam.

This appeal is from the order of the lower court granting the motion of defendant to strike certain *166words, phrases and paragraphs from the plaintiff’s complaint. No judgment of dismissal or other final judgment has been entered in the cause, nor does it appear that the appellant refused to plead further, nor that the order granting the motion determined the particular matter in issue. We have repeatedly held that such an order is not appealable. Durk v. Scully, 41 Wash. 357, 83 Pac. 426; Methow Canal Co. v. Barton, 71 Wash. 401, 128 Pac. 627; Virtue v. Stanley, 79 Wash. 87, 139 Pac. 764.

Reference

Full Case Name
Hutchinson Company v. T. P. Fahey
Cited By
1 case
Status
Published
Syllabus
Appeal—Decisions Appealable—Striking Pleading. An order striking parts of the complaint is not appealable where there was no dismissal or final judgment determining any matter in issue.