| Cal. | Oct 15, 1854

Mr. Justice Heydeneeldt

delivered the opinion of the Court.

Mr. Ch. J. Murray concurred.

The notice of appeal was filed the 14th of July, 1854, since the late amendments to the Civil Practice Act went into operation. No appeal can be taken before final judgment, from a mere decision on a demurrer. There is no final judgment in this cause. The appeal is therefore dismissed.

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