Opinion
No. 1461
Opinion Filed September 12, 1911.
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.
(Syllabus by the 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.
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.
This appeal is therefore dismissed.
All the Justices concur.