Supreme Court of Oklahoma, 1938

City of Ada v. Parks, Adm'r

City of Ada v. Parks, Adm'r
Supreme Court of Oklahoma · Decided June 14, 1938 · Bayless, Riley, Corn, Gibson, Hurst
80 P.2d 634; 183 Okla. 141; 1938 OK 401; 1938 Okla. LEXIS 203 (Pacific Reporter, Second Series)

City of Ada v. Parks, Adm'r

Opinion of the Court

PER CURIAM.

This is an appeal from an order of the trial court overruling a motion for judgment upon the pleadings. The appeal must be dismissed. In Oklahoma City-Ada-Atoka Ry. Co. v. Parks, 182 Okla. 598, 78 P.2d 791, decided April 12, 1938, this court said:

“An order overruling a motion for judgment on the pleadings is not an appealable order, and where an appeal is taken from such an order prior to the entry of a final judgment or order in the cause, such appeal presents nothing properly reviewable by this court.”

See, also, Attaway v. Watkins, 171 Okla. 102, 41 P.2d 914; Oklahoma City Land & Development Co. v. Patterson, 73 Okla. 234, 175 P. 934.

The appeal is dismissed.

BAYLESS, V. C. J„ and RILEY, CORN, GIBSON, and HURST, JJ., concur. '

Case-law data current through December 31, 2025. Source: CourtListener bulk data.