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234 Ark. 632

Loftis v. Edwards

Supreme Court of Arkansas

Decided February 12, 1962

Supreme Court of Arkansas · decided 1962-02-12

Cited by 2 later decisions — most recently May 1962

2 state decisions

Relies on Walters v. Burnett

Good law ✅— No negative treatment on recordhow we know

Decided 1962-02-12

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George Rose Smith, J.

¶1At the April, 1960 term of the Pulaski chancery court the appellants obtained a default decree foreclosing a materialman’s lien for $932.54, but the decree was incomplete in that it did not appoint a commissioner to conduct the sale, nor did it fix the terms of the sale. In May of 1961 the appellants filed a petition asking the chancellor to correct the earlier decree by the entry of a nunc pro tunc order supplying the omissions. This attempted appeal is from an order sustaining the appellees’ demurrer to the appellants’ petition.

¶2The appeal must be dismissed for the reason that an order which merely sustains a demurrer to the complaint or petition, leaving the cause pending in the trial court, is not a final appealable judgment. Walters v. Burnett, 228 Ark. 45, 305 S. W. 2d 549.

¶3Appeal dismissed.

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