Parker v. Owen

California Court of Appeal

Parker v. Owen

189 P.2d 81, 83 Cal. App. 2d 474, 1948 Cal. App. LEXIS 1108

CourtCalifornia Court of Appeal

DecidedFebruary 5, 1948

DocketCiv. No. 16191

StatusPublished

Cited by3 cases

This text of 189 P.2d 81 (Parker v. Owen) 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

Parker v. Owen, 189 P.2d 81, 83 Cal. App. 2d 474, 1948 Cal. App. LEXIS 1108 (Cal. Ct. App. 1948).

Pincite

Opinions

McCOMB, J.

This is a motion to dismiss an appeal from an order of the trial court denying plaintiff's motion to dismiss the action before any evidence was offered.

This is the single question presented for determination :

Is an order denying a motion to dismiss an action before any evidence is offered an appealable order?

This question must be answered in the negative for the reason that an order denying a motion to dismiss an action before any evidence is received is not an appealable order. (Perry v. Magneson, 207 Cal. 617, 620 [279 P. 650] ; Andersen v. Superior Court, 187 Cal. 95, 97. [200 P. 963]; Garthwaite v. Bank of Tulare, 134 Cal. 237, 243 [66 P. 326] ; Halsey v. Sears, 90 Cal.App. 306 et seq. [265 P. 858]; Forrester v. Lawler, 14 Cal.App. 170, 171 [111 P. 284].)

In view of the foregoing rule the appeal must be dismissed. It is so ordered.

Moore, P. J., concurred.

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