Legal Opinion

Clapper v. Putnam Co.

Supreme Court of Oklahoma

Decided May 23, 1916No. 7396Published

Error from District Court, Oklahoma County; George AY. Clark, Judge. Action by Marie J. Clapper and another against the Putnam Company and others. Prom a judgment for defendants, plaintiffs bring error.

1Opinion

On Rehearing.

Opinion by

BURFORD, c.

Counsel asserts in his petition for rehearing that two of the erroi-g assigned were upon the order vacating the default judgment and striking out certain portions of the petition, that such rulings of the trial court were not ap-pealable orders, and that therefore they could only be raised after judgment, and that the motion for new trial was proper lo obtain a review of sucb judgment. We bave beld that this class of orders are not appealable (Town of Byars v. Sprouls, 24 Okla. 299, 103 Pac. 1038; Aetna Bldg. & Loan Ass’n v. Williams, 26 Okla. 191, 308 Pac.…

2Cases cited6 opinions

  1. Spaulding v. PolleySupreme Court of Oklahoma · 1911
  2. Town of Byars v. SproulsSupreme Court of Oklahoma · 1909
  3. Tyler v. TylerSupreme Court of Oklahoma · 1914
  4. Aetna Building & Loan Ass'n v. WilliamsSupreme Court of Oklahoma · 1910
  5. Planters Mutual Insurance Association v. RoseSupreme Court of Oklahoma · 1910

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