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McLennan v. New Light Gold Mining Co.

The Supreme Court of Washington. Department Two
Jul 10, 1942
127 P.2d 415 (Wash. 1942)

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.


Summaries of

McLennan v. New Light Gold Mining Co.

The Supreme Court of Washington. Department Two
Jul 10, 1942
127 P.2d 415 (Wash. 1942)
Case details for

McLennan v. New Light Gold Mining Co.

Case Details

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

Citations

127 P.2d 415 (Wash. 1942)
127 P.2d 415
14 Wash. 2d 236

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