COLE v. RUSH (1953)

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.

PER CURIAM.