W. L. MOODY & CO. v. FREEMAN-SIPES CO.

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W. L. MOODY & CO. v. FREEMAN-SIPES CO.
1911 OK 298
118 P. 134
29 Okla. 390
Case Number: 1461
Decided: 09/12/1911
Supreme Court of Oklahoma

W. L. MOODY & CO.
v.
FREEMAN-SIPES CO. et al.

Syllabus

¶0 APPEAL AND ERROR--Final Order--Vacating Default Judgment. An order vacating and setting aside a judgment by default, for the purpose of permitting the parties against whom the judgment was rendered to answer and defend, is not a final order, but is interlocutory, from which no appeal lies to the Supreme Court.

Error from District Court, Garvin County; R. McMillan, Judge.

Action by W. L. Moody & Co. against Freeman-Sipes Company and W. M. Freeman. From an order vacating a default judgment, plaintiff brings error. Dismissed.

H. M. Carr and R. A. Rogers, for plaintiff in error.
Thompson & Patterson, for defendants in error.

HAYES, J.

¶1 Plaintiff in error, who was plaintiff below, has brought this proceeding to have reviewed an order of the trial court, vacating and setting aside a judgment upon default, and permitting defendants in error, defendants below, to file their answer and defend against the action. Such an order is not a final order, but is interlocutory, from which no appeal lies to this court. Aetna Bldg. & Loan Ass'n v. Williams et al., 26 Okla. 191, 108 P. 1100; Maddle v. Beavers, 24 Okla. 703, 104 P. 909; W. L. Moody & Co. v. Freeman & Williams et al., 24 Okla. 701, 104 P. 30; Town of Byars v. Sprouls, 24 Okla. 299, 103 P. 1038.

¶2 This appeal is therefore dismissed.

¶3 All the Justices concur.