Taliaferro v. Wampler
| Decision Date | 09 June 1953 |
| Citation | 118 Cal.App.2d 391,257 P.2d 674 |
| Court | California Court of Appeals Court of Appeals |
| Parties | TALIAFERRO v. WAMPLER et al. Civ. 15486. |
E. A. Taliaferro, in pro. per.
Richard C. Johnston, City Atty., City of San Pablo, Richmond, for respondent.
Plaintiff has attempted to appeal from a minute order and a written order subsequently signed by the trial judge sustaining a demurrer to his second amended complaint without leave to amend. No judgment appears in the record and since no appeal lies from an order sustaining demurrer the appeal must be dismissed. Cole v. Rush, 40 Cal.2d 178, 252 P.2d 1.
Appeal dismissed.
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3 cases
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A. L. Castle, Inc. v. San Benito County
...a judgment on that order was of record, the court stated: "Since no appeal lies from an order sustaining demurrer, Taliaferro v. Wampler, 118 Cal.App.2d 391, 257 P.2d 674, we interpret the notice of appeal as intended to take an appeal from the judgment as that is what the parties have assu......
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Smith v. Smith
...for defendant was entered on the demurrer sustained. Since no appeal lies from an order sustaining demurrer, Taliaferro v. Wampler, 118 Cal.App.2d 391, 257 P.2d 674, we interpret the notice of appeal as intended to take an appeal from the judgment as that is what the parties have The second......
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Berri v. Superior Court
...entered, the control of the proceedings is still in the judge, who can set aside or change the order if he sees fit. Taliaferro v. Wampler, 118 Cal.App.2d 391, 257 P.2d 674, held in effect that neither a minute order nor a written order sustaining a demurrer without leave to amend constitut......