Opinion
No. 27890.
June 14, 1938.
(Syllabus.)
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.
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 791, 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.
The appeal is dismissed.
BAYLESS, V. C. J., and RILEY, CORN, GIBSON, and HURST, JJ., concur.