Finch v. Smith

C. M. Smith, defendant in error, hereinafter referred to as plaintiff, filed a motion to dismiss the attempted appeal of Robert. Finch and Madalyn Finch, plaintiffs in error, hereinafter referred to as defendants.

It is necessary to notice the state of the record to properly understand the ruling upon this motion.

Plaintiff commenced an action in the district court of Okmulgee county, Okla., on January 9, 1932, to rescind and cancel a contract for the sale of real estate and for other relief. The defendants filed a demurrer to the petition of the plaintiff, but the demurrer was overruled. On…