¶1(after stating the facts substantially as above.) The record presents nothing upon which this court can act. Judgment was not rendered for the defendant upon the sustaining of the demurrer, and no final order, within the meaning of section 3128 of the Code of Civil Procedure, appears to have been made. The order sustaining the demurrer did not, in effect, determine the action, and prevent a judgment. The order striking the case from the docket upon the plaintiff’s motion either disposes of it finally upon plaintiff’s own motion, of which he cannot complain, or leaves it pending in that court, subject to be reinstated upon the docket. If it is still pending, so far as anything appears to the contrary, he may yet amend his petition, and recover judgment. In either ease, the plaintiff in error has no standing in this court. The petition in error will be dismissed.
3 Wyo. 327
Menardi v. Omalley
Decided January 31, 1890
Wyoming Supreme Court · decided 1890-01-31
The plaintiff sued the defendant in the court below, and the defendant demurred to the petition, alleging that it did not state facts sufficient to constitute a cause of action. The plaintiff, by leave of court, filed an amended petition, and by consent of parties the demurrer already filed was treated as a demurrer to the amended petition. The court sustained the demurrer, and the plaintiff excepted.
Good law ✅— No negative treatment on recordhow we know
Petition dismissed · Decided 1890-01-31
How this case has been cited
Cited by 5 later decisions — most recently September 1982
5 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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