W. H. Ashley Silk Co. v. Oklahoma Fire Ins. Co.
Supreme Court of Oklahoma
Srror from District Court, Muskogee County; John H. King, Judge. Action by the W. H. Ashley Silk Company against the Oklahoma Eire Insurance Company. Demurrer to petition sustained, and plaintiff brings error. Reversed and remanded, with directions.
1Opinion of the CourtKane, J.
This is an appeal from an order sustaining a demurrer to the petition. Counsel for defendant in error, in their brief, do not controvert the contention of counsel for plaintiff in error on the merits, but contend that, inasmuch as the appeal was taken prior to the entry of final judgment against the pleader, the same must be dismissed, and cite Grunawalt v. Grunawalt, 24 Okla. 756, 104 Pac. 905, as an authority to that effect. We do not think that case is in point. The case of Wesley et al. v. Diamond et al., 26 Okla. 170, 109 Pac. 524, is more analogous. In the latter case it was held:
“Under…
2Cases cited2 opinions
- Wesley v. DiamondSupreme Court of Oklahoma · 1910
- Grunawalt v. GrunawaltSupreme Court of Oklahoma · 1909
3Cited by11 opinions
- Nation v. ChismSupreme Court of Oklahoma · 1931
- Attaway v. WatkinsSupreme Court of Oklahoma · 1934
- Knebel v. RennieSupreme Court of Oklahoma · 1922
- Oklahoma City-Ada-Atoka Ry. Co. v. ParksSupreme Court of Oklahoma · 1938
- Exchange Oil Company v. CrewsSupreme Court of Oklahoma · 1923
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