Pacific Seaside Home for Children v. Newbert Protection District
California Court of Appeal Sep 20, 1920 No. Civ. No. 3211Published
Before: Thomas
Synopsis
APPEAL from an order of the Superior Court of Orange County sustaining a demurrer to a complaint. Z. B. West, Judge.
The facts are stated in the opinion of the court.
THOMAS, J. In this action damages are sought for an alleged interference by the defendant with the natural flow of the waters of the Santa Ana River.
There was served and filed a third amended complaint, to which a general demurrer was interposed and sustained [327]without leave to amend. No judgment was given, made, or entered. The attempted appeal is from the order sustaining the demurrer.
[1] Such an order, under our law, is not appealable. (Sec. 963, Code Civ. Proc.)
The attempted appeal is dismissed.
Finlayson, P. J., and Weller, J., concurred.
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