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21 Ariz. 257

Herman v. Babbitt

Arizona Supreme Court

Decided February 25, 1920

Arizona Supreme Court · decided 1920-02-25

<p>Appeal and Error — Appeal will not Lie prom: Order Overruling Demurrer to Complaint. — An appeal will not lie from an order overruling a demurrer to the complaint, as it is not final.</p>

Relies on Navajo-Apache Bank & Trust Co. v. Desmont

Appeal dismissed · Decided 1920-02-25

PER CURIAM.

¶1The appeal in this case was taken from the following order:

“Both parties appearing by respective counsel, Francis D. Crable appearing for plaintiffs, and Jones & Jones for defendant, and defendant’s amended demurrer to the complaint is heard and by the court overruled. Defendant has until July 9, 1917, to plead further. Thereupon, jury is demanded by defendant, dated July 2, 1917.”

¶2No further order seems to have been made in the lower court in the cause, and no final judgment appears in the record. We have held in Navajo-Apache Bank & Trust Co., W. H. Burbage & F. N. Nelson, Appellants, v. Caroline Desmont and William E. Wahl, Appellees, 17 Ariz. 472, 154 Pac. 206, that an order overruling a demurrer is not such a final *258determinative order as to be the subject of appeal and separate review.

¶3To the same effect is the case of Hollingsworth v. Gazette Printing Co., ante, p. 51, 185 Pac. 359.

¶4Upon the authority of the foregoing cases, this appeal is dismissed.

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