
    FRANK BROWN vs. JOSE J. CARVALHO, DOMINGO J. L. MATTOS and J. M. VIVAS.
    Appeal erom District Court’ oe Honolulu.
    Hearing, July 5, 1893.
    Decision, July 18, 1893.
    Judd, C.J., Bickerton and Erear, JJ.
    C. L. Garter, for plaintiff'
    
      G. Creighton, ior defendants.
    There is no appeal to the Supreme Court fcoma decision of a District Court overruling a demurrer for misjoinder of parties,, in a civil case — no. final judgment having been rendered in the District Court,
   Opinion, oe the Court, by

Judd, C.J.

In this- ease the defendants plead as a demurrer a misjoinder of a defendant, and on this plea being overruled by the court,, took an appeal to the Supreme Oourt.

Having* called in the respective counsel and heard their views and referring to the cases of the Provisional Government vs. W. G. Smith (page 178- ante), and Provisional Government vs. Ah Urn (pagp 164 ante), we now apply the- opinions expressed therein to. this case and hold that the ruling on the demurrer was not appealable, although available as a point of law on appeal if the district magistrate had made a decision in the case which disposed of it so far as- his court was concerned.

A decision in the- statute on appeals means' a final one so-far as that court is concerned. For instance, if the court had sustained the- demurrer and no amendment was asked for and obtained, by plaintiff, then the decision thereon would be final in that court.

We therefore- decline to entertain the case and send it back to- the district court- for further proceedings. Costs to abide the final event.  