Schutzler v. Times Pub. Co.

• Decision Date: 20 November 1915
• Docket Number: 12905.
• Citation: 152 P. 1018,88 Wash. 236
• Court: Washington Supreme Court
• Parties: SCHUTZLER v. TIMES PUB. CO.

152 P. 1018

88 Wash. 236

SCHUTZLER v. TIMES PUB. CO.

No. 12905.

Supreme Court of Washington

November 20, 1915

Department 1. Appeal from Superior Court, Pierce County; W. O. Chapman, Judge.

Action by Gus Schutzler against the Times Publishing Company. From an order sustaining a demurrer, plaintiff appeals. Case remanded.

P. L. Pendleton, of Tacoma, for appellant.

John H. Perry, of Seattle, for respondent.

CHADWICK, J.

Appellant brought this action to recover damages for an alleged libel. A demurrer was interposed to the complaint and sustained.

Appellant did not stand upon his demurrer and invite the adverse judgment of the court. There is no judgment of dismissal.

This court has repeatedly held, under Remington and Ballinger's Code, § 1716, and in line with a universally accepted rule of practice, that an appeal will not lie from an order sustaining a demurrer. Potvin v. McGorvey, 1 Wash. 389, 25 P. 330; Olsen v. Newton, 3 Wash. 429, 30 P. 450; Mason County v. Dunbar, 10 Wash. 163, 38 P. 1003; Padley v. Gregg, 26 Wash. 322, 67 P. 72; Seattle & Northern Ry. Co. v. Bowman, 46 Wash. 90, 89 P. 399, 96 P. 837.

This appeal is premature, and the case is remanded for further proceedings, with costs to respondent.

MORRIS, C.J., and MOUNT, ELLIS, and FULLERTON, JJ., concur.