McLennan v. New Light Gold Mining Co.

Full title: M.C. McLENNAN, Appellant, v. THE NEW LIGHT GOLD MINING COMPANY et al.…

Court: The Supreme Court of Washington. Department Two

Date published: Jul 10, 1942

127 P.2d 415 (Wash. 1942)

127 P.2d 415

14 Wash. 2d 236

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.

BLAKE, J.

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.