All the rulings complained of in this matter could have been excepted to, and, when a final disposition was made of said cause, and a final order, judgment, and decree entered therein, determining the respective rights of the parties to this controversy, have been reviewed by incorporating the same in an appeal by petition in error to this court. McMaster v. [People's] Bank, 13 Okla. 326, 73 P. 946; McCulloch v. Dodge, 8 Kan. 476; Flint v. Noyes, 27 Kan. 351; Short v. Nooner, 16 Kan. 220."
All the rulings complained of in this matter could have been excepted to, and, when a final disposition was made of said cause, and a final order, judgment, and decree entered therein, determining the respective rights of the parties to this controversy, have been reviewed by incorporating the same in an appeal by petition in error to this court. McMaster v. Bank et al., 13 Okla. 326, 73 P. 946; McCulloch v. Dodge, 8 Kan. 476; Flint v. Noyes, 27 Kan. 351; Short v. Nooner, 16 Kan. 220.'"
In the case at bar we may assume without deciding that the orders of the county court of Osage county affected a substantial right of the plaintiff in error, but that assumption is insufficient to dispose of this appeal unless we also determine that such orders were final in character, since final orders are the only type from which an appeal may be taken under 84 O.S. 1941 § 255[ 84-255] (sec. 1395, O.S. 1931, S.L. 1919, sec. 5, pg. 42). In McMaster v. Peoples Bank of Edmond, 13 Okla. 326, 73 P. 946, we held that an order is not final if it leaves the parties in court to have the issues tried on the merits. The meaning of the term "final order" is defined by statute in this state.
All the rulings complained of in this matter could have been excepted to, and when a final disposition was made of said cause, and a final order, judgment, and decree entered therein, determining the respective rights of the parties to this controversy, have been reviewed by incorporating the same in an appeal by petition in error to this court. McMaster v. Bank et al., 13 Okla. 326, 73 P. 946; McCulloch v. Dodge. 8 Kan. 476; Flint v. Noyes, 27 Kan. 351; Short v. Nooner, 16 Kan. 220. "We are therefore of the opinion that the appeal is without merit and should be dismissed, and therefore recommend that the same be done."
"A final order is one ending the particular action in which it is entered, leaving nothing further for the court pronouncing it to do in order to determine the rights of the parties." Counsel for defendant in error call our attention to the following cases in support of her contention: First State Bank of Blanchard v. Harmon, 80 Okla. 80, 196 P. 125; Brooks v. J. R. Watkins Medical Co., 81 Okla. 82, 196 P. 956; Okla. City Land Development Co. v. Patterson, 73 Okla. 234, 175 P. 934; Tobley v. DeKinder, 85 Okla. 288, 206 P. 201; McMaster v. Peoples Bank, 13 Okla. 326, 73 P. 946. We do not think the order appealed from by plaintiff in error is one defined by any provision of the statutes and authorities above cited as an appealable order, and we are, therefore, of the opinion that the motion to dismiss the appeal of plaintiff in error should be sustained, and the appeal of both parties should be dismissed.
All the rulings complained of in this matter could have been excepted to, and, when a final disposition was made of said cause, and a final order, judgment, and decree entered therein, determining the respective rights of the parties to this controversy have been reviewed by incorporating the same in an appeal by petition in error to this court. McMaster v. Bank et al., 13 Okla. 326, 73 P. 946; McCulloch v. Dodge, 8 Kan. 476; Flint v. Noyes, 27 Kan. 351; Short v. Nooner, 16 Kan. 220. We are therefore of the opinion that the appeal is without merit and should be dismissed, and therefore recommend that the same be done.
All the rulings complained of in this matter could have been excepted to, and, when a final disposition was made of said cause, and a final order, judgment, and decree entered therein, determining the respective rights of the parties to this controversy, have been reviewed by incorporating the same in an appeal by petition in error to this court. McMaster v. Bank et al., 13 Okla. 326, 73 P. 946; McCulloch v. Dodge, 8 Kan. 476; Flint v. Noyes, 27 Kan. 351; Short v. Nooner, 16 Kan. 220. We are therefore of the opinion that the appeal is without merit and should be dismissed, and therefore recommend that the same be done.
"Unless there has been a final termination of the case in the court below, a writ of error will not lie to an order striking a plea, even though the effect of such order may be to entitle the plaintiff to a judgment or verdict as matter of course." For a further discussion of this section of the statute, see, also, McMaster v. Peoples' Bank, 13 Okla. 326, 73 P. 946. The appeal is accordingly dismissed.