Wright v. Rogers

The opinion of the court was delivered by

Parker, J.:

This was an action in district court to enforce a trust relating to land. The defendants filed a motion to dismiss the action for the reason the district court had no jurisdiction of the subject matter. The appeal is from an order overruling that motion.

At the outset we feel compelled to state, notwithstanding the rule orders overruling motions to dismiss are not ordinarily final orders *298and therefore not appealable under the civil code (G. S. 1935, 60-3302), that since everyone concerned, including court and counsel, agree it was so treated…