Consolidated Alfalfa Milling Co. v. Winsor
Supreme Court of Oklahoma
Error from District Court, Tillman County; Frank Mathews, Judge. Action by A. D. Winsor, for himself and for the balance of the stockholders, against the Consolidated Alfalfa Milling Company, a corporation, James J. Hanna, R. S. Rowland, W. E. Welch, and W. B. Skirvin. For the failure of the court to overrule motion to dismiss, defendants bring error.
1Opinion of the CourtKane, J.
The only error assigned in the petition in error in this cause is:
“That there is error in said record and proceeding in this, to wit: That the court erred-in overruling the motion of the plaintiffs in error to dismiss this suit.”
The defendant in error moved to dismiss the proceeding in errar upon the ground that under our statute governing appellate procedure an order overruling a motion to dismiss a cause of action which leaves the case standing for further proceedings is not an appealable order. The motion to dismiss must be sustained. The following cases are authority to the effect that an…
2Cases cited7 opinions
- Brown v. KimbleSupreme Court of Kansas · 1869
- Dolbee v. HooverSupreme Court of Kansas · 1871
- Edenfield v. BarnhartSupreme Court of Kansas · 1869
- Kansas Rolling Mill Co. v. BovardSupreme Court of Kansas · 1885
- Simpson v. RothschildSupreme Court of Kansas · 1890
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Otto-Johnson Mercantile Co. v. GarciaNew Mexico Supreme Court · 1918