Eberhard v. Tuolumne Water Co.

Full title: EBERHARD v. THE TUOLUMNE WATER COMPANY

Court: Supreme Court of California

Date published: Oct 1, 1854

4 Cal. 308 (Cal. 1854)

Opinion

4 Cal. 308 EBERHARD v. THE TUOLUMNE WATER COMPANY Supreme Court of California October, 1854

         Appeal from the Judicial District.

         JUDGES: Mr. Justice Heydenfeldt delivered the opinion of the Court. Mr. Ch. J. Murray concurred.

         OPINION

          HEYDENFELDT, Judge

         The notice of appeal was filed the 14th of July, 1854, since the late amendments to the Civil Practice Act went into operation. No appeal can be taken before final judgment, from a mere decision on a demurrer. There is no final judgment in this cause. The appeal is therefore dismissed.