Consolidated Alfalfa Milling Co. v. Winsor

Supreme Court of Oklahoma
Consolidated Alfalfa Milling Co. v. Winsor, 138 P. 566 (Okla. 1914)
40 Okla. 362; 1914 OK 49; 1914 Okla. LEXIS 31
Kane

Consolidated Alfalfa Milling Co. v. Winsor

Opinion of the Court

KANE, J.

The only error assigned in the petition in error in this cause is:

“That there is error in said record and proceeding in this, to wit: That the court erred-in overruling the motion of the plaintiffs in error to dismiss this suit.”

The defendant in error moved to dismiss the proceeding in errar upon the ground that under our statute governing appellate procedure an order overruling a motion to dismiss a cause *363 of action which leaves the case standing for further proceedings is not an appealable order. The motion to dismiss must be sustained. The following cases are authority to the effect that an order overruling a motion to quash a.summons, or service, or to dismiss or strike a cause, is not an appealable order: Simpson v. Stein, 43 Kan. 35, 22 Pac. 1020; Simpson v. Kirschbaum & Co., 43 Kan. 36, 22 Pac. 1018; Brown v. Kimble, 5 Kan. 80; Dolbec v. Hoover, 8 Kan. 124; Edenfield v. Barnhart, 5 Kan. 225; Simpson v. Rothchild et al., 43 Kan. 33, 22 Pac. 1019; Kansas Rolling Mill Co. v. Bovard, 34 Kan. 21, 7 Pac. 622. As we borrowed our statute governing appeals from the state of Kansas subsequent to the rendition of' the foregoing cases by its highest court, they are decisive upon the question under consideration. The appeal is dismissed.

All the Justices concur.

Reference

Full Case Name
CONSOLIDATED ALFALFA MILLING CO. Et Al. v. WINSOR
Cited By
1 case
Status
Published
Syllabus
APPEAL AND ERROR — Assignment of Error — Sufficiency. Where the record does not show any final disposition of the ease, and the only assignment of error in the petition in error is “that there is error in said record and proceeding in this, to wit: That the court erred in overruling the motion of the plaintiff: in error to dismiss this suit”- — there is noting presented for the Supreme Court to review. (Syllabus by the Court.)