Buehler, Bonbright & Co. v. Cheuvront
Buehler, Bonbright & Co. v. Cheuvront
Opinion of the Court
delivered the opinion of the Court:
This case is presented upon appeal from two orders made in the cause ; the first being made May 27, 1878, by the circuit court of Doddridge county upon the demurrer to complainants’ bill. Upon consideration of the same the court was of opinion that said demurrer was not well taken, and therefore overruled it, and gave the defendants leave, and ordered and directed them to answer said bill within sixty days. Chapman J. Stuart and Wm. H. Cheuvront presented their petition praying an appeal and supersedeas, which were allowed merely that the points presented should be passed upon and adjudicated by the Supreme Court of Appeals, and its action thereon reported,
Appeal Dismissed.
Reference
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- Buehler, Bonbright & Co. v. Cheuvront & Co.
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- Syllabus
- 1. A decretal order overruling a demurrer to an ordinary bill in chancery, is not an adjudication of the principles of the cause, and does not come within either of the classes of appeal aut1~orized by statute, and is therefore not an appealable order. 2 An order referring a cause to a commissioner to ascertain the defendant’s real estate, the liens thereon and their priorities, and whether the rents and profits thereof will pay off and discharge said liens within a reasonable time, does not ordinarily come within either of the classes of appeals authorized by statute, and is not an appealable order.