4 Cal. 308
EBERHARD
v.
THE TUOLUMNE WATER COMPANY
Supreme Court of California
October, 1854
Appeal from the Judicial District.
JUDGES: Mr. Justice Heydenfeldt delivered the opinion of the Court. Mr. Ch. J. Murray concurred.
OPINION
HEYDENFELDT, Judge
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.