White v. Stiner
This text of 209 P. 598 (White v. Stiner) is published on Counsel Stack Legal Research, covering Idaho 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 of the trial court sustaining respondent’s motion to strike appellant’s second amended complaint from the files. No judgment was entered.
Such an order is not appealable. (C. S., sec. 7152.) The order not being appealable, this court has no jurisdiction and the appeal should be dismissed on the court’s own motion. (Holter v. Hauser, 33 Ida. 406, 195 Pac. 628; Davis v. Bach, 33 Ida. 551, 196 Pac. 673; Continental etc. Bank v. Werner, 33 Ida. 764, 198 Pac. 471.) It is so ordered. Costs are awarded to respondents.
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Cite This Page — Counsel Stack
209 P. 598, 36 Idaho 129, 1922 Ida. LEXIS 130, Counsel Stack Legal Research, https://law.counselstack.com/opinion/white-v-stiner-idaho-1922.