Pedigo v. Cressman

Full title: J.P. PEDIGO, Appellant, v. A.N. CRESSMAN, Respondent

Court: Court of Appeal of California, Fourth District

Date published: Feb 24, 1939

31 Cal.App.2d 233 (Cal. Ct. App. 1939)

87 P.2d 723

Opinion

Docket No. 2244.

February 24, 1939.

APPEAL from an order of the Superior Court of Fresno County sustaining a demurrer to an amended complaint. C.E. Beaumont, Judge. Appeal dismissed.

The facts are stated in the opinion of the court.

Rae B. Carter for Appellant.

H.E. Barbour and W.B. Backlund for Respondent.

GRIFFIN, J.

This is an attempted appeal from an order of the Superior Court of Fresno County, sustaining the general demurrer of the respondent to appellant's amended complaint.

[1] An appeal does not lie from an order sustaining a demurrer to an amended complaint and an attempted appeal from such an order will be dismissed. (Code Civ. Proc., sec. 963; Bryant v. Kelly, 203 Cal. 721 [ 265 P. 817]; Harmon v. DeTurk, 176 Cal. 758, 761 [ 169 P. 680].)

The appeal is dismissed.

Barnard, P.J., and Marks, J., concurred.