W. L. Moody & Co. v. Freeman-Sipes Co.
Supreme Court of Oklahoma
W. L. Moody & Co. v. Freeman-Sipes Co., 118 P. 134 (Okla. 1911)
29 Okla. 390; 118 P. 135; 1911 OK 298; 1911 Okla. LEXIS 320
Hayes
W. L. Moody & Co. v. Freeman-Sipes Co.
Opinion of the Court
Plaintiff in error, who was plaintiff below, has brought this proceeding to have reviewed an order of the trial court, vacating and setting aside a judgment upon default, and permitting defendants in error, defendants below, to hie their answer and defend against the action. Such an order is not a final order, but is interlocutory, from which no appeal lies to this court. Aetna Bldg. & Loan Ass’n v. Williams et al., 26 Okla. 191, 108 Pac. 1100; Maddle v. Beavers, 24 Okla. 703, 104 Pac. 909; W. L. Moody & Co. v. Freeman & Williams et al., 24 Okla. 701, 104 Pac. 30; Town of Byars v. Sprouls, 24 Okla. 299, 103 Pac. 1038.
This appeal is therefore dismissed.
Reference
- Full Case Name
- W. L. MOODY & CO. v. FREEMAN-SIPES CO. Et Al.
- Cited By
- 7 cases
- Status
- Published
- Syllabus
- APPEAL AND ERROR — Final Order — Vacating Default Judgment. An order vacating and setting aside a judgment by default, for the purpose of permitting the parties against whom the judgment was rendered to answer and defend, is not a final order, but is interlocutory, from which no appeal lies to the Supreme Court. (Syllabus by the Court.)