170 Ind. 91 | Ind. | 1908
Appellant, a private corporation organized under the laws of this State governing .the incorporation of manufacturing and mining companies, instituted this proceeding to condemn and appropriate a right of way over lands of appellees for the construction of a lateral railroad as defined in §5398 Bums 19.08, §3987 R. S. 1881.
Appellees Thomas and' Elliott appeared in pursuance of notice and filed objections to the proceeding. The court sustained specifications numbered 3, 4, 5, 6, 7, 8, 9, 10, 14, 17, 21, 23, 27, 28 and 29 of such objections, and overruled the intermediate omitted numbers. Appellant duly excepted to the ruling of the court in sustaining each of said objections, and the record recites: “And the plaintiff now refuses to plead further.”
Appellees’ counsel make the point that no judgment was pronounced, and no appeal is authorized from a mere ruling with respect to the sufficiency of a pleading. Appellant’s
Section 933, stipra, provides: “Amendments to pleadings may be made upon leave of court. If any such objection shall be sustained, the plaintiff may amend his complaint or may appeal to the Supreme or Appellate Court from such decision, as and in the manner that appeals are taken from final judgments in civil actions, of which appeal all the parties shall take notice and by which they shall be bound. ’ ’
The appeal is dismissed.