Cole

Cole v. Rush

Good Law
1953 Cal. LEXIS 181·40 Cal. 2d 178·252 P.2d 1
Supreme Court of CaliforniaJanuary 20, 1953L. A. No. 22358California104 words

lead Opinion

This 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.)

The appeal is, therefore, dismissed.