Schutzler v. Times Publishing Co.

152 P. 1018, 88 Wash. 236, 1915 Wash. LEXIS 1107

Opinion

Chadwick, J.

Appellant brought this action to recover damages for an alleged libel. A demurrer was interposed to the complaint and sustained. Appellant did not stand upon his demurrer and invite the adverse judgment of the court. There is no judgment of dismissal.

This court has repeatedly held, under Rem. and Bal. Code, § 1716, and in line with a universally accepted rule of practice, that an appeal will not lie from an order sustaining a demurrer. Potvin v. McCorvey, 1 Wash. 389, 25 Pac. 330; Olsen v. Newton, 3 Wash. 429, 30 Pac. 450; Mason County v. Dunbar, 10 Wash. 163, 38 Pac. 1003; Padley v. Gregg, 26 Wash. 322, 67 Pac. 72; Seattle & N. R. Co. v. Bowman, 46 Wash. 90, 89 Pac. 399, 96 Pac. 837.

This appeal is premature, and the case is remanded for further proceedings, with costs to respondent.

Morris, C. J., Mount, Ellis, and Fullerton, JJ., concur.