Docket No. 680
Decided: Saturday, March 18th, 1893
Opinion: 6 Wash. 295 (1893)
Court: Dunbar1 Court (1893-1894)
Note: We post only slip opinion(s) as published at the time of the decision. Please consult Washington Reports printed volumes for the opinion(s) in their final form. Undetermined votes indicate that the opinion(s) have not been evaluated yet.
SMITH v. SEATTLE & MONTANA RY. CO., 6 Wash. 295; 32 P. 1073 (1893).
SUPREME COURT OF WASHINGTON
March 18, 1893, Decided Appeal from Superior Court, Snohomish County.
Court: Motion sustained and appeal dismissed.
Counsel: Burke, Shepard & Woods, for appellant. Whitney & Frame, for respondents.
Per curiam.--Respondent moves to dismiss this appeal for the reason that it appears from the record that the appeal was taken from an order of the trial court overruling the demurrer to the amended complaint filed in the action. It appearing from the record that the appeal is taken from such order, and that no final order or judgment has ever been made in said cause, the case falls within the decision of this court in Tripp v. Magnus, 1 Wash. 22 (23 P. 805), and the motion will therefore be sustained and the appeal dismissed.