State ex rel. Small v. Fleming

Washington Supreme Court

State ex rel. Small v. Fleming

79 P. 1115, 37 Wash. 531, 1905 Wash. LEXIS 764

CourtWashington Supreme Court

DecidedMarch 22, 1905

DocketNo. 5351

StatusPublished

Cited by2 cases

This text of 79 P. 1115 (State ex rel. Small v. Fleming) is published on Counsel Stack Legal Research, covering Washington Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State ex rel. Small v. Fleming, 79 P. 1115, 37 Wash. 531, 1905 Wash. LEXIS 764 (Wash. 1905).

Pincite

Opinion

Per Curiam.

The respondents move to dismiss the appeal in this case upon the ground that the same is taken or sought to be taken from an order sustaining a demurrer [532]*532to appellant’s complaint. This court has repeatedly held that such an order is not appealable. 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.

The motion must be granted, and the appeal is hereby dismissed.

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Per Curiam.

The respondents move to dismiss the appeal in this case upon the ground that the same is taken or sought to be taken from an order sustaining a demurrer [532]*532to appellant’s complaint. This court has repeatedly held that such an order is not appealable. 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.

The motion must be granted, and the appeal is hereby dismissed.

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Bluebook (online)

79 P. 1115, 37 Wash. 531, 1905 Wash. LEXIS 764, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-small-v-fleming-wash-1905.

Opinion

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