65 W. Va. 208 | W. Va. | 1909
The county court of Ritchie county obtained a writ of error to a judgment of the circuit court of said county, rendered on an appeal from an order of the county court, made in a proceed
Even if this Court had appellate jurisdiction in this class of controversies, there is no final judgment. A writ of error does not lie to a judgment merely overruling a demurrer. Parsons v. Snider, 42 W. Va. 517; White v. Chesapeake &c. Ry. Co., 26 W. va. 800. Aside from the reversal of the order of the county court, the circuit court has done nothing more than overrule the demurrer. In doing that, it merely rendered the judgment the county court, in its opinion, should have rendered, and the case stands as if the county court had overruled it. So viewing it, we think the authorities cited are applicable. But there is another decision, denying jurisdiction here to review an order of a circuit court, reversing the judgment of an inferior court and remanding the case. State v. Drug Co., 41 W. Va. 638.
But if the status of the case were different, there is no appellate jurisdiction in this Court of cases of its class. Blue-field Water Works &c. Co. V. The State, 63 W. Va. 480.
Eor the reasons .stated, the writ of error will be dismissed as having been improvidently awarded.'
Writ Dismissed.