Okmulgee Producing & Refining Co. v. Davis

Opinion by

LOGSDON, C.

Preliminary to a consideration of the merits of this proceeding, it is necessary to dispose of.a motion filed in this court by the plaintiff to dismiss this appeal. Plaintiff’s contention upon the motion to dismiss is that, since the record fails to disclose that defendant elected to stand upon its demurrer in the trial court, the order overruling said demurrer is not a final and appealable order. It is shown by the record that upon the overruling of its demurrer to the second amended petition the defendant reserved its exception and gave notice of its intention.to…