Materi v. Spurrier

The opinion of the court was delivered by

Fatzer, J.:

The plaintiff sues to recover $16,819 for an alleged breach of a written contract to drill an oil and gas well. The appeal is from an order of the district court overruling the plaintiff’s motion to strike the defendants’ third amended answer and cross petition from the file.

The supreme court has only such appellate jurisdiction as is conferred by statute pursuant to Article 3, Section 3, of our Constitution, and when the record discloses lack of jurisdiction, it is the duty of the court to dismiss the appeal. (Polzin v. National Cooperative…