Tellefsen v. Key System Transit Lines
LEO TELLEFSEN v. KEY SYSTEM TRANSIT LINES (a Corporation)
- Area
- civil
- Panel
- Absalom F. Bray (author)
Analysis
No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.
Opinion — Bray
BRAY, P. J.
Plaintiff purports to appeal from an order sustaining without leave to amend defendant’s demurrer to his first amended complaint.
On January 26, 1959, a minute order was entered stating: “The Court being fully advised orders that the demurrer to the complaint be and the same is hereby sustained, without leave to amend.’’ No judgment thereon has been entered.
It is well settled that an order sustaining a demurrer without leave to amend is not an appealable order or a final *45judgment, and that a reviewing court does not have jurisdiction to review an appeal of this type. (Futlick v. F. W. Woolworth Co., 149 Cal.App.2d 296, 298 [308 P.2d 405]; Schmidt v. Townsend, 103 Cal.App.2d 185, 186-187 [229 P.2d 488] ; Brown v. Mayor & City Council, 174 Cal.App.2d 763 [345 P.2d 75] ; see also 3 Within, California Procedure, § 19, p. 2162.)
The purported appeal is dismissed.
Tobriner, J., and Duniway, J., concurred.
Cites, in this corpus
- Brown v. Mayor and City Council Civ. No. 5751 · 1959-10-27
- Futlick v. F. W. Woolworth Co. Civ. 5361 · 1957-03-19
- Schmidt v. Townsend Civ. 14741 · 1951-03-29
Cited by
- Umansky v. Urquhart Civ. 16050 · 1978-08-29
- Norkin v. United States Fire Insurance Civ. 27189 · 1963-08-13
- Beazell v. Schrader L. A. 27195 · 1963-05-14
- Southwest Paving Co. v. Stone Hills Civ. 25986 · 1962-08-06
- Beazell v. Schrader Civ. No. 26165 · 1962-07-16
- Beazell v. Schrader Civ. No. 26165 · 1962-07-16
- Tellefsen v. Key System Transit Lines Civ. 19835 · 1961-12-28
- Tellefsen v. Key System Transit Lines Civ. No. 18797 · 1960-12-02