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Rickert v. Zoeger

Supreme Court of California,Department One
Feb 18, 1915
169 Cal. 399 (Cal. 1915)

Opinion

L.A. No. 3436.

February 18, 1915.

APPEAL from an order of the Superior Court of Los Angeles County sustaining a demurrer. John Perry Wood, Judge.

The facts are stated in the opinion of the court.

Stephen Monteleone, for Appellant.

Howard J. Fish, and Guy Eddie, for Respondent.


The action is to recover a sum of money alleged to be due upon an agreement for the sale of a "saloon business" in the city of Los Angeles.

The notice of appeal states that the plaintiff appeals "from the decision of the superior court rendered in said action, whereby the said court sustains defendant's demurrer to plaintiff's fifth amended complaint without leave to amend." The record does not show that any judgment was entered and it does not contain any other notice of appeal.

An order sustaining or overruling a demurrer is not an appealable order. (Moraga v. Emeric, 4 Cal. 308; Moulton v. Ellmaker, 30 Cal. 529; Agard v. Valencia, 39 Cal. 297; Daniel v. Lansdale, 38 Cal. 567; Hibberd v. Smith, 39 Cal. 146; Ashley v. Olmstead, 54 Cal. 618.) This court is therefore without jurisdiction to act upon the so-called appeal and it must be dismissed.

The appeal is dismissed.

Sloss, J., and Angellotti, C.J., concurred.


Summaries of

Rickert v. Zoeger

Supreme Court of California,Department One
Feb 18, 1915
169 Cal. 399 (Cal. 1915)
Case details for

Rickert v. Zoeger

Case Details

Full title:FRED RICKERT, Appellant, v. E. ZOEGER et al., Respondents

Court:Supreme Court of California,Department One

Date published: Feb 18, 1915

Citations

169 Cal. 399 (Cal. 1915)
146 P. 894

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