Milde v. Leigh
This text of 24 N.W.2d 55 (Milde v. Leigh) is published on Counsel Stack Legal Research, covering North Dakota Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
This is an appeal from an order overruling a demurrer to defendant's answer. Prior to the adoption of the Revised Code of 1943, such orders were appealable. Section 7841, C.L. of 1913 specifically included an order which "sustains or overrules a demurrer" among the reviewable orders. As re-enacted this section appears as § 28-2702 of the Revised Codes of 1943. The latter section omits the order overruling a demurrer from the list of reviewable orders. The omission was not inadvertently made for the notes of the Code Commission show the following:
"The provision for an appeal from an order overruling a demurrer has been omitted upon recommendation of the committee on procedure to eliminate unnecessary appeals which do not finally settle a controversy."
It is thus clear, that the order appealed from is not appealable. The appeal is therefore dismissed.
CHRISTIANSON, Ch. J., BURKE, NUESSLE, BURR and MORRIS, JJ., concur. *Page 16
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
24 N.W.2d 55, 74 N.D. 15, 1946 N.D. LEXIS 58, Counsel Stack Legal Research, https://law.counselstack.com/opinion/milde-v-leigh-nd-1946.