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CURNUTT v. HOLK

Docket No. 25473.

203 Cal.App.2d 6 (1962)

21 Cal. Rptr. 224

JAMES L. CURNUTT, Plaintiff and Appellant, v. HERBERT C. HOLK, Defendant and Respondent.

Court of Appeals of California, Second District, Division Three.

April 26, 1962.

Attorney(s) appearing for the Case

Paul S. Garstang for Plaintiff and Appellant.

Parker, Stanbury, Reese & McGee and Daren T. Johnson for Defendant and Respondent.

FILES, J.

Plaintiff has attempted to appeal from an order sustaining a demurrer to the complaint without leave to amend. [1] That order is not appealable. (Cole v. Rush, 40 Cal.2d 178 [252 P.2d 1].) [2] A notice of appeal from such a nonappealable order may be liberally construed as an appeal from the judgment if there is a judgment. (Evola v.

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