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STATE v. SMITH

No. 8607.

328 P.2d 581 (1958)

STATE of Idaho, ex rel. STATE BOARD OF MEDICINE of the State of Idaho, S. M. Poindexter, Chairman, Plaintiff-Appellant, v. David SMITH, Defendant-Respondent.

Supreme Court of Idaho.

July 16, 1958.

Attorney(s) appearing for the Case

Graydon W. Smith, Atty. Gen., Edward J. Aschenbrener, Asst. Atty. Gen., Elbert E. Gass, Asst. Atty. Gen., for appellant.

E. G. Elliott, Boise, for respondent.

TAYLOR, Justice.

The plaintiff (appellant) brought this appeal from the order of the district court sustaining defendant's demurrer which is as follows:

"It is Ordered that said demurrer be sustained, and it is hereby sustained, without leave to plaintiff to amend its said second amended complaint."

Where such an order is made without leave to amend, it contemplates a final judgment of dismissal. It is an intermediate order reviewable upon appeal...

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