Butler v. City of Ashland

231 P. 155, 113 Or. 72, 1924 Ore. LEXIS 15

Opinion

COSHOW, J.

Section 548, Or. L., prescribes:

“A judgment or decree may be reviewed as prescribed in this chapter, and not otherwise. An order affecting a substantial right, and which in effect determines the action or suit so as to prevent a judgment or decree therein, or an interlocutory decree in a suit for the partition of real.property, defining the rights of the parties to the suit and directing sale or partition, or a final order affecting a substantial right, and made in a proceeding after judgment or decree, or an order setting aside a judgment and granting a new trial, for the purpose of being reviewed, shall be deemed a judgment or decree.”

In this suit no judgment or decree has been entered. Final disposition of the suit has not ■ been made in the Circuit Court. It has been frequently held that an order overruling or sustaining a demurrer is not appealable. Such an order may be reviewed on • appeal taken from the judgment , or decree, but the order itself is not a final determination of the case and is not appealable: Weeks v. Snider, 107 Or. 138, 141 (214 Pac. 334).

The appeal is premature and must therefore be dismissed. Appeal Dismissed.