Tyler v. City Council of Huntington Park

California Court of Appeal Mar 22, 1929 No. Civ. No. 6326Published

Before: Stephens

AI Brief

AI-generated · verify before citing

Holding. The court held that an order sustaining a demurrer is not an appealable order, and that the appeal must be dismissed because the underlying order of dismissal remains in effect.

Issues

Whether an order sustaining a demurrer is appealable under Section 963 of the Code of Civil Procedure.

Disposition. Dismissed

Quotations verified verbatim against the opinion

“This attempted appeal is from the ruling of the court on the demurrer alone, and it must be dismissed, as an order on demurrer is not appealable.”

“Even if this were not true, nothing could he gained by our consideration of the appeal, for the order of dismissal would remain in full force and effect.”

STEPHENS, J., pro tem. Appellants petitioned the superior court for a writ of review as to certain actions of the City Council of the City of Huntington Park. A demurrer to the petition was interposed and the court sustained it without leave to amend. Defendants also filed a motion to dismiss the proceeding and the court granted the motion and ordered the cause dismissed. This attempted appeal is from the ruling of the court on the demurrer alone, and it must be dismissed, as an order on demurrer is not appealable. (Sec. 963, Code Civ. Proc.) [725]Even if this were not true, nothing could he gained by our consideration of the appeal, for the order of dismissal would remain in full force and effect.

The appeal is dismissed.

Works, P. J., and Craig, J., concurred.

Tyler v. City Council of Huntington Park

AI Brief

More from California Court of Appeal

Related research

AI Brief