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Cornic v. Stewart

179 Cal. 242 Court Department One. Decision date 1918-11-12 Docket L. A. No. 4567 English

Delivered by RICHARDS, J., pro tem.

Contents

Majority

p. 242
[L. A. No. 4567.
Department One.
November 12, 1918.]
J. W. CORNIC, Appellant, v. GERTIE E. STEWART, Respondent.

Headnote

Appeal—Order Sustaining Demurrer—Dismissal.—No appeal lies from an order sustaining a demurrer to a complaint or from one denying application for leave to file an amended complaint, and attempted appeals from such orders will.be dismissed.
APPEAL from orders of the Superior Court of Los Angeles County, sustaining a demurrer and refusing leave to amend. Grant Jackson, Judge. Appeal dismissed.
The facts are stated in the opinion of the court.
Willedd Andrews, for Appellant.
James W. Barnes, for Respondent.

In this case no respondent’s brief has been filed, but a cursory examination of the record discloses that the only appeal before us is an attempted appeal from two orders of the trial court sustaining a demurrer to the plaintiff’s first amended complaint and denying the plaintiff’s application for leave to file a second amended complaint. Neither of these orders are appealable orders and there is no appeal from the judgment. It follows that the appeals must be dismissed, and it is so ordered.

Sloss, J., and Victor E. Shaw, J., pro tem., concurred.