Court of Appeals of Texas April 11, 1941, No. 14205. (Diggs v. Kelly)

McDONALD, Chief Justice.

This is an appeal from an order of the District Court of Wichita County, sustaining a general demurrer to an application for writ of habeas corpus.

“The mere sustaining of a general demurrer, in the absence of a further order denying the relief sought, or dismissing the case, is not a final judgment, and hence not an appealable order.” Hightower v. Kellam, Tex.Civ.App.