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Moraga v. Emeric

4 Cal. 308 Court Cal. English

Judges Mr. Ch. J. Murray concurred.

Delivered by Heydeneeldt J.

Contents

Majority — Heydeneeldt J.

p. 308
MORAGA v. EMERIC et al.

Headnote

[1] Appeal, when it toes not Lie. — No appeal can now be-talieBubeforeJinal-juclgment, from a mere decision on a demurrer.
Appeal from the--Judicial District.

delivered the opinion of the Court.

Mr. Ch. J. Murray concurred.

The notice of appeal was filed the 14th of July, 1854, since the late amendments to the Civil Practice Act went into operation. No appeal can be taken before final judgment, from a mere decision on a demurrer. There is no final judgment in this cause. The appeal is therefore dismissed.