Opinion
No. 28701.
July 10, 1942.
APPEAL AND ERROR — DECISIONS REVIEWABLE — RULINGS ON DEMURRERS. Orders sustaining or overruling demurrers are not appealable.
See 2 Am. Jur. 892.
Appeal from an order of the superior court for Whatcom county, Olson, J., entered December 30, 1941, sustaining a demurrer to a complaint. Appeal dismissed.
J.A. Kavaney, for appellant.
Funkhouser Twohy and Wilmot W. Garvin, for respondents.
This is an appeal from an order sustaining a demurrer to the complaint. Respondents Harry P. Kramer and Slate Creek Mining Company, a corporation, move to dismiss the appeal on the ground that the order is not appealable.
[1] It has been repeatedly and consistently held that orders sustaining or overruling demurrers are not appealable. Potvin v. McCorvey, 1 Wn. 389, 25 P. 330, 12 L.R.A. 150; Olsen v. Newton, 3 Wn. 429, 30 P. 450; Smith v. Seattle Montana R. Co., 6 Wn. 295, 32 P. 1073; Schutzler v. Times Pub. Co., 88 Wn. 236, 152 P. 1018; Le Blank v. Eller, 118 Wn. 353, 203 P. 960; Anderson v. East Gate Temple Ass'n, 189 Wn. 221, 64 P.2d 510.
Appeal dismissed.
ROBINSON, C.J., BEALS, STEINERT, and JEFFERS, JJ., concur.