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Maddle v. Beavers

Maddle v. Beavers, 1909 OK 226, 104 P. 909
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Court
Supreme Court of Oklahoma · State Highest Courts
Decided
September 14, 1909
Docket
No. 684
Judges
Dunn
Citations
104 P. 9091909 OK 22624 Okla. 7031909 Okla. LEXIS 94
Disposition
Dismissed.
Cited by 6
Syllabus
APPEAL AND ERROR — Appealable Order — “Final Order.” An order made, vacating a judgment for the purpose of permitting a party against whom said judgment is rendered to prosecute or defend, is interlocutory, and not a “final order,” from which an appeal will lie to the Supreme Court. (Syllabus bv the Court.)
Summary
Error from District Court, Garvin County; B. McMillan, Judge. Action by J. M. Maddle against E. C. Beavers. From an order vacating judgment against defendant, plaintiff brings error.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Dunn

Dunn, J The foregoing case presents error from the district court of Garvin county. From the petition in error it appears that on the 14th day of September, 1908, the plaintiff in error secured an order vacating a judgment obtained by defendant in error at a former term of the district court in that county. The plaintiff in error, who was plaintiff below in that court, filed his verified motion to set aside the said judgment, to enable him to make his defense, which, on being heard by the court was granted, and the judgment vacated and set aside. The defendant thereupon moved the court for a new trial of the. issues made, on the motion, and on it being denied, has attempted to bring the ■case to this court for review.

Counsel for defendant has filed a motion to dismiss the pe^ tition in error, for the reason that the order appealed from was not final, but was 'interlocutory, and that no appeal would lie to this court therefrom.' This motion must'be sustained, upon the authority óf the ease of Town of Byars v. Sprouls, ante, p. 299, *704 103 Pac. 1038 , an opinion delivered by this court July 13, 1909, and the ease of Moody & Company v. Freeman & Williams, ante, p. 701, 104 Pac. 30 , delivered at this term of court.

All the Justices concur.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 6 cases

View all citing references →
1911: 11912: 11913: 11920: 11923: 11937: 119112026peak 1911 · 1

Relies on it most ⓘ

  1. Pennsylvania Co. v. Potter1923 OK 59, 233 P. 700
  2. W. L. Moody & Co. v. Freeman-Sipes Co.1911 OK 298, 118 P. 134
  3. Rahl v. Marlow State Bank1913 OK 220, 131 P. 525
  4. Pierce Coal Co. v. Walker1912 OK 813, 128 P. 493
  5. Madison v. Trekell1937 OK 44, 64 P.2d 711
  6. Vann v. Union Central Life Ins. Co.1920 OK 243, 191 P. 175

Most recent

  1. Madison v. Trekell1937 OK 44, 64 P.2d 711
  2. Pennsylvania Co. v. Potter1923 OK 59, 233 P. 700
  3. Vann v. Union Central Life Ins. Co.1920 OK 243, 191 P. 175
  4. Rahl v. Marlow State Bank1913 OK 220, 131 P. 525
  5. Pierce Coal Co. v. Walker1912 OK 813, 128 P. 493
  6. W. L. Moody & Co. v. Freeman-Sipes Co.1911 OK 298, 118 P. 134

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
Town of Byars v. Sprouls, 1909 OK 204, 103 P. 1038 16
W. L. Moody & Co. v. Freeman & Williams, 1909 OK 237, 104 P. 30 13

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