Christensen
Christensen v. Lucerne Holding Co.
Opinion
Lead Opinion
Houser, J.
From the record herein it appears that in due course of proceedings had in an action pending in the superior court respective orders were entered in the minutes of the court by which the separate demurrer to the complaint presented by each of the defendants therein was sustained “without leave to amend”; upon which orders a formal judgment was made and entered as to one defendant, on September 13, 1932, and as to the other two defendants, on September 19, 1932; also, that before said judgments were made and entered, a motion presented to the court by the plaintiff for an order to vacate and set aside “the order and judgment . . . sustaining the demurrers of the defendants ... ; to enter its order overruling the said demurrers; or that plaintiff be given leave to file an amended complaint”—was denied. It also appears that prior to the making and entry of the judgment on the orders by which the separate demurrer of each of two of the said defendants was sustained, but after the making and the entry of the judgment on a similar order affecting the third defendant, plaintiff served and filed his notice of appeal “from the judgment and order of said court made and entered on the 19th…