Carpenter v. Fitch

California Court of Appeal

Carpenter v. Fitch

197 P.2d 174, 87 Cal. App. 2d 534, 1948 Cal. App. LEXIS 1357

CourtCalifornia Court of Appeal

DecidedSeptember 13, 1948

DocketCiv. No. 16166

StatusPublished

This text of 197 P.2d 174 (Carpenter v. Fitch) is published on Counsel Stack Legal Research, covering California Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Carpenter v. Fitch, 197 P.2d 174, 87 Cal. App. 2d 534, 1948 Cal. App. LEXIS 1357 (Cal. Ct. App. 1948).

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Opinion

WOOD, J.

Plaintiff appeals from the judgment and from the order sustaining a demurrer to the second amended complaint without leave to amend.

No judgment was made or entered in the above entitled action, and of course there was no judgment from which an appeal could be taken. The trial court made an order sustaining defendants’ demurrer to the second amended complaint without leave to amend. Such an order is not appealable. (Code Civ. Proc., § 963; Braren v. Reliable Carpet Wks., Inc., 125 Cal.App. 489, 491 [13 P.2d 972]; Ross v. O’Brien, 1 Cal. App.2d 496, 498 [36 P.2d 1108]; Pulvermacher v. Los Angeles Co-Ordinating Com., 61 Cal.App.2d 704, 711 [143 P.2d 974].) The method of reviewing such a ruling on demurrer is by way of appeal from the judgment thereafter entered in the action. (Braren v. Reliable Carpet Wks., Inc., supra, p. 491.)

The appeal is dismissed.

Shinn, P. J., and Vallée, J., concurred.

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WOOD, J.

Plaintiff appeals from the judgment and from the order sustaining a demurrer to the second amended complaint without leave to amend.

No judgment was made or entered in the above entitled action, and of course there was no judgment from which an appeal could be taken. The trial court made an order sustaining defendants’ demurrer to the second amended complaint without leave to amend. Such an order is not appealable. (Code Civ. Proc., § 963; Braren v. Reliable Carpet Wks., Inc., 125 Cal.App. 489, 491 [13 P.2d 972]; Ross v. O’Brien, 1 Cal. App.2d 496, 498 [36 P.2d 1108]; Pulvermacher v. Los Angeles Co-Ordinating Com., 61 Cal.App.2d 704, 711 [143 P.2d 974].) The method of reviewing such a ruling on demurrer is by way of appeal from the judgment thereafter entered in the action. (Braren v. Reliable Carpet Wks., Inc., supra, p. 491.)

The appeal is dismissed.

Shinn, P. J., and Vallée, J., concurred.

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Bluebook (online)

197 P.2d 174, 87 Cal. App. 2d 534, 1948 Cal. App. LEXIS 1357, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carpenter-v-fitch-calctapp-1948.

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