276 P. 305 | Idaho | 1929
Appellant, plaintiff below, brought this action to recover damages for malicious prosecution. The amended complaint contains two separate causes of action. The first is based on criminal proceedings instituted against plaintiff in a state court, and the second on criminal proceedings instituted against him in a federal court. The district court struck certain allegations from *424 the first cause of action, overruled a demurrer interposed thereto, and sustained a demurrer to the second cause of action. Plaintiff refused to plead further, and the court made an order dismissing the second cause of action. This appeal is prosecuted from the order of dismissal. Respondents move to dismiss the appeal on the ground that the order dismissing the second cause of action is not appealable.
Under its power to provide a proper system of appeals, the legislature has enumerated the orders of a district court from which an appeal may be taken, C. S., sec. 7152, leaving intermediate orders and decisions to be reviewed on appeal from an appealable order, C. S., sec. 7170. (Mahoney v. Elliott,
The appeal is ordered dismissed. Costs to respondents.
Budge, C.J., Givens, J., and Hartson, D.J., concur.