GRAHL v. MATTHEWS

Appeal — Final order — Sustaining demurrer to one defense of answer — Not final appealable order, when — No judgment taken against defendant — No refusal to plead further.

Per Curiam.

The defendant did not permit judgment to be taken against her or refuse to plead further. The sustaining of the motion to strike a part of the amended answer, considering such motion as a demurrer, leaves the cause still pending in the trial court. The order of the trial court, considering the motion to strike the second defense from the amended answer as a demurrer and sustaining it, is not a final order from which an appeal may be taken. Holbrook, Admr., v. Connelly, 6 Ohio St. 199.

The judgment of the Court of Appeals is affirmed.

Judgment affirmed.

WEYGANDT, C.J., ZIMMERMAN, TAFT, MATTHIAS and O'NEILL, JJ., concur.

HERBERT, J., not participating.