Opinion
Civ. No. 3211.
September 20, 1920.
APPEAL from an order of the Superior Court of Orange County sustaining a demurrer to a complaint. Z. B. West, Judge. Appeal dismissed.
The facts are stated in the opinion of the court.
James Donovan for Appellant.
Clyde Bishop for Respondent.
In this action damages are sought for an alleged interference by the defendant with the natural flow of the waters of the Santa Ana River.
There was served and filed a third amended complaint, to which a general demurrer was interposed and sustained without leave to amend. No judgment was given, made, or entered. The attempted appeal is from the order sustaining the demurrer.
[1] Such an order, under our law, is not appealable. (Sec. 963, Code Civ. Proc.)
The attempted appeal is dismissed.
Finlayson, P. J., and Weller, J., concurred.