Cole v. Rush

Decision Date20 January 1953
Citation252 P.2d 1,40 Cal.2d 178
CourtCalifornia Supreme Court
PartiesCOLE et al. v. RUSH et al. L. A. 22358.

John C. Stevenson and Lionel Richman, Los Angeles, for appellants.

Parker, Stanbury, Reese & McGee and A. P. G. Steffes, Los Angeles, for respondent.

PER CURIAM.

This is an appeal from an order sustaining a demurrer without leave to amend. Such an order is non-appealable. Evans v. Dabney, 1951, 37 Cal.2d 758, 759, 235 P.2d 604, and authorities there cited; 3 Cal.Jur.2d 476, and this Court must, therefore, dismiss the appeal of its own motion. Collins v. Crose, 1936, 8 Cal.2d 123, 124, 64 P.2d 137; Estate of Brady, 1948, 32 Cal.2d 478, 480, 196 P.2d 881; Rosenberg v. Knesboro, 1947, 80 Cal.App.2d 36, 38, 180 P.2d 750, see also 4 Cal.Jur.2d 337, and cases there cited.

The appeal is, therefore, dismissed.

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25 cases
  • Custodio v. Bauer
    • United States
    • California Court of Appeals Court of Appeals
    • 24 Mayo 1967
    ...to amend. A question arose as to the propriety of proceeding with the appeal on that record. (Code Civ.Proc., § 963; Cole v. Rush (1953) 40 Cal.2d 178, 252 P.2d 1; 3 Witkin, Cal. Procedure, Appeal, §§ 19--20, pp. 2162--2164.) The record was augmented to show a subsequently entered judgment,......
  • Daar v. Yellow Cab Co.
    • United States
    • California Supreme Court
    • 15 Noviembre 1967
    ...(1955) 43 Cal.2d 856, 860, 279 P.2d 8) and is nonappealable (Evans v. Dabney (1951) 37 Cal.2d 758, 759, 235 P.2d 604; Cole v. Rush (1953) 40 Cal.2d 178, 252 P.2d 1), here the order under examination not only sustains the demurrer, but also directs the transfer of the cause from the superior......
  • Katzenstein v. Chabad of Poway
    • United States
    • California Court of Appeals Court of Appeals
    • 15 Junio 2015
    ...anything—is not appealable. Absent a basis for exercising jurisdiction, we have no choice but to dismiss the appeal. (Cole v. Rush (1953) 40 Cal.2d 178, 252 P.2d 1 [dismissal of appeal from order sustaining demurrer without leave to amend]; Art Movers, Inc. v. Ni West, Inc. (1992) 3 Cal.App......
  • Hohn, Application of
    • United States
    • California Court of Appeals Court of Appeals
    • 21 Agosto 1964
    ...is not an appeal from the judgment we have no jurisdiction to entertain it, though respondent has not raised the point. (Cole v. Rush, 40 Cal.2d 178, 252 P.2d 1; Estate of Brady, 32 Cal.2d 478, 479-480, 196 P.2d 881; Collins v. Corse, 8 Cal.2d 123, 124, 64 P.2d 137; 4 Cal.Jur.2d, § 498, p. ......
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