
    [No. 12905.
    Department One.
    November 20, 1915.]
    Gus Schutzler, Appellant, v. Times Publishing Company, Respondent.
      
    
    Appeal—Decisions Reviewable—Pinal Orders. An appeal will not lie from an order sustaining a demurrer, being premature when there is no judgment of dismissal.
    Appeal from a judgment of the superior court for Pierce county, Chapman, J., entered March T3, 1915, in favor of the defendant, upon sustaining a demurrer to the complaint, in an action for libel.
    Dismissed.
    P. L. Pendleton, for appellant.
    
      John H. Perry, for respondent.
    
      
       Reported in 152 Pac. 1018.
    
   Chadwick, J.

Appellant brought this action to recover damages for an alleged libel. A demurrer was interposed to the complaint and sustained. Appellant did not stand upon his demurrer and invite the adverse judgment of the court. There is no judgment of dismissal.

This court has repeatedly held, under Rem. and Bal. Code, § 1716, and in line with a universally accepted rule of practice, that an appeal will not lie from an order sustaining a demurrer. Potvin v. McCorvey, 1 Wash. 389, 25 Pac. 330; Olsen v. Newton, 3 Wash. 429, 30 Pac. 450; Mason County v. Dunbar, 10 Wash. 163, 38 Pac. 1003; Padley v. Gregg, 26 Wash. 322, 67 Pac. 72; Seattle & N. R. Co. v. Bowman, 46 Wash. 90, 89 Pac. 399, 96 Pac. 837.

This appeal is premature, and the case is remanded for further proceedings, with costs to respondent.

Morris, C. J., Mount, Ellis, and Fullerton, JJ., concur.  