178 Iowa 732 | Iowa | 1916
The plaintiff is a corporation of Nebraska, with its principal place of business in the city of Omaha, and
, Counsel might have withdrawn the answer, having obtained leave, and then have interposed the demurrer; but our system of pleading does not allow a party to answer on the merits and demur to the petition at the same time. Nor does it permit a demurrer to the issues, as was undertaken in this ease. For these reasons, the motion may not be construed as in the nature of demurrer, and the order was not appealable.'
III. There is another reasofi for sustaining the motion: i. e.,no final ruling was entered. Every right of each party continues as before such order was entered, and no obstacle
to the disposition of the ease on its merits was interposed. That an appeal may only be taken after a final order is entered, appears in the following decisions: Roddy v. Gazette Co., 163 Iowa 416; Thorpe v. Smith, 86 Iowa 410; Quinn v. Capital Ins. Co., 82 Iowa 550; Seippel v. Blake, 80 Iowa 142.
The motion to dismiss the appeal is — Sustained.