CITY OF ADA v. PARKS

CITY OF ADA v. PARKS
1938 OK 401
80 P.2d 634
183 Okla. 141
Case Number: 27890
Decided: 06/14/1938
Supreme Court of Oklahoma

CITY OF ADA
v.
PARKS, Adm'r.

Syllabus

¶0 APPEAL AND ERROR--Order Overruling Motion for Judgment on Pleadings not Appealable Order.
An order overruling a motion for judgment on the pleadings is not an appealable order, and where an appeal is taken from such an order prior to the entry of a final judgment or order in the cause, such appeal presents nothing properly reviewable by this court.

Appeal from District Court, Pontotoc County; H. H. Edwards, Judge.

Action for damages by Joe, Parks, administrator of estate of William Harvey Harbolt, against the City of Ada. From an order overruling a motion for judgment on the pleadings, defendant appeals. Dismissed.

Mack M. Braly, for plaintiff in error.
Pryor & Sandlin and C. E. Wilson, for defendant in error.

PER CURIAM.

¶1 This is an appeal from an order of the trial court overruling a motion for judgment upon the pleadings. The appeal must be dismissed. In Oklahoma City-Ada-Atoka Ry. Co. v. Parks. 182 Okla. 598, 78 P.2d 701, decided April 12, 1938, this court said:

"An order overruling a motion for judgment on the pleadings is not an appealable order, and where an appeal is taken from such an order prior to the entry of a final judgment or order in the cause, such appeal presents nothing properly reviewable by this court."

See, also, Attaway v. Watkins, 171 Okla. 102, 41 P.2d 914; Oklahoma City Land & Development Co. v. Patterson, 73 Okla. 234, 175 P. 934.

¶2 The appeal is dismissed.