Public-domain · open source
OpenJurist

37 Wash. 531

State ex rel. Small v. Fleming

Washington Supreme Court

Decided March 22, 1905

Washington Supreme Court · decided 1905-03-22

<p>Appeal from an order of the superior court for Snohomish county, Denney, J., entered February 13, 1904, sustaining a demurrer to a complaint.</p>

Cited by 2 later decisions — most recently March 1910

2 state decisions

Relies on Potvin v. McCorvey · County of Mason v. Dunbar · Kellogg v. Bradley

Good law ✅— No negative treatment on recordhow we know

Dismissed · Decided 1905-03-22

View the full empirical analysis of this case →

Per Curiam.

¶1The respondents move to dismiss the appeal in this case upon the ground that the same is taken or sought to be taken from an order sustaining a demurrer *532to appellant’s complaint. This court has repeatedly held that such an order is not appealable. Potvin v. McCorvey, 1 Wash. 389, 25 Pac. 330; Olsen v. Newton, 3 Wash. 429, 30 Pac. 450; Mason County v. Dunbar, 10 Wash. 163, 38 Pac. 1003; Padley v. Gregg, 26 Wash. 322, 67 Pac 72.

¶2The motion must be granted, and the appeal is hereby dismissed.

/37/wash/531 · .json · Public domain