From Casetext: Smarter Legal Research

Eberhard v. Tuolumne Water Co.

Supreme Court of California
Oct 1, 1854
4 Cal. 308 (Cal. 1854)

Opinion


4 Cal. 308 EBERHARD v. THE TUOLUMNE WATER COMPANY Supreme Court of California October, 1854

         Appeal from the Judicial District.

         JUDGES: Mr. Justice Heydenfeldt delivered the opinion of the Court. Mr. Ch. J. Murray concurred.

         OPINION

          HEYDENFELDT, Judge

         The notice of appeal was filed the 14th of July, 1854, since the late amendments to the Civil Practice Act went into operation. No appeal can be taken before final judgment, from a mere decision on a demurrer. There is no final judgment in this cause. The appeal is therefore dismissed.


Summaries of

Eberhard v. Tuolumne Water Co.

Supreme Court of California
Oct 1, 1854
4 Cal. 308 (Cal. 1854)
Case details for

Eberhard v. Tuolumne Water Co.

Case Details

Full title:EBERHARD v. THE TUOLUMNE WATER COMPANY

Court:Supreme Court of California

Date published: Oct 1, 1854

Citations

4 Cal. 308 (Cal. 1854)

Citing Cases

Whittaker v. Otto

[2] A defendant who is a mere stranger to the title will not be allowed to question the title of a plaintiff…

Ware v. Robinson

If appeals are allowed in such cases as the present, an appeal may be taken at every step in an action, and…