Sturgeon

Appellants herein as plaintiffs filed an amended complaint against the municipality and the members of its common council and the city clerk to restrain them from issuing certain bonds in payment for certain described improvements. Respondents interposed a demurrer to the amended complaint, which was sustained, and the court also denied without prejudice appellants’ application for an injunction pendente lite. Appellants having failed to amend, a judgment of dismissal was entered. Thereupon, appellants gave notice of appeal “from the order of the above-named superior court sustaining the demurrer of the defendants to the amended complaint and denying the restraining order prayed for in said amended complaint.”

The judgment must be affirmed. An order sustaining a demurrer is interlocutory and is not subject to appeal. (Sec. 963, Code Civ. Proc.) We do not believe it requires the citation of many authorities, but the case of Cornic v. Stewart, 179 Cal. 242 [ 176 Pac. 164 ], shows the attitude of the courts thereon:

Also the court in the case of Meley v. Boulon, 104 Cal. 262 [ 37 Pac. 931 ], in discussing an attempted appeal from an order denying plaintiff’s motion for a new trial…