Cole v. Rush

California Supreme Court

Decided January 20, 1953

California Supreme Court · decided 1953-01-20

Relies on 8 Cal. 2d 123 - Collins v. Corse · 37 Cal. 2d 885 - People v. Gould · 32 Cal. 2d 478 - Estate of Brady

Good law ✅— No negative treatment on recordhow we know

Decided 1953-01-20

How this case has been cited

Cited by 20 later decisions — most recently June 2015

20 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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THE COURT.

¶1This is an appeal from ~n order sustaining a demurrer without leave to amend. Such an order is nonappealable (Evans v. Dabney (1951), 37 Cal.2d 758, 759 [235 P.2d 604], and authorities there cited; 3 Cal.Jur.2d 476), and this court must, therefore, dismiss the appeal of its own motion. (Collins v. Corse (1936), 8 Cal.2d 123, 124 [64 P.2d 137]; Estate of Brady (1948), 32 Cal.2d 478, 480 [196 P.2d 881]; Rosenberg v. Knesboro (1947), 80 Cal.App.2d 36, 38 [180 P.2d 750]; see, also, 4 Cal.Jur.2d 337, and cases there cited.)

¶2The appeal is, therefore, dismissed.