Meyer v. Owens

The opinion of the Court was delivered by Mr. Justice Hydrick. Plaintiff appeals from an order refusing to strike out a demurrer to the complaint as frivolous. The order is not appealable. Some of the reasons why such an order is net appealable are set forth in the cases *112 cited in Woodward v. Woodward, 87 S. C. 247, 69 S. E. 232. They need not be repeated here. The principal reason is that such an order does not affect the merits, and an appeal from it causes unnecessary delay in the determination of the merits. Appeal dismissed.