McLENNAN v. NEW LIGHT GOLD MINING CO

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Docket Number

No. 28701.

Attorney(S)

J.A. Kavaney, for appellant. Funkhouser Twohy and Wilmot W. Garvin, for respondents.

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M.C. McLENNAN, Appellant, v. THE NEW LIGHT GOLD MINING COMPANY et al., Respondents. Reported in 127 P.2d 415.

APPEAL AND ERROR — DECISIONS REVIEWABLE — RULINGS ON DEMURRERS. Orders sustaining or overruling demurrers are not appealable.

See 2 Am. Jur. 892.

BLAKE, J.

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.

M.C. McLENNAN, Appellant, v. THE NEW LIGHT GOLD MINING COMPANY et al., Respondents. Reported in 127 P.2d 415.

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