Loftis v. Edwards
This text of 353 S.W.2d 535 (Loftis v. Edwards) is published on Counsel Stack Legal Research, covering Supreme Court of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
At the April, 1960 term of the Pulaski chancery court the appellants obtained a default decree foreclosing a materialman’s lien for $932.54, but the decree was incomplete in that it did not appoint a commissioner to conduct the sale, nor did it fix the terms of the sale. In May of 1961 the appellants filed a petition asking the chancellor to correct the earlier decree by the entry of a nunc pro tunc order supplying the omissions. This attempted appeal is from an order sustaining the appellees’ demurrer to the appellants’ petition.
The appeal must be dismissed for the reason that an order which merely sustains a demurrer to the complaint or petition, leaving the cause pending in the trial court, is not a final appealable judgment. Walters v. Burnett, 228 Ark. 45, 305 S. W. 2d 549.
Appeal dismissed.
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Cite This Page — Counsel Stack
353 S.W.2d 535, 234 Ark. 632, 1962 Ark. LEXIS 737, Counsel Stack Legal Research, https://law.counselstack.com/opinion/loftis-v-edwards-ark-1962.