In Re Estate of Blaine

1925 OK 282, 235 P. 534, 108 Okla. 180, 1925 Okla. LEXIS 127

Opinion

PER CURIAM.

.This case a.rose in the county court of Osage county, and from an order made in that court, defendant appealed to the district court. In the district cour1'-defendant, who is plaintiff in error in this court, moved the court to dismiss the appeal. This motion was overruled and plaintiff in error excepted. Plaintiff in error filed motion for a new trial, which was overruled, to which plaintiff in error excepted and gave notice of appeal.

An order made by the district court overruling a motion to dismiss an appeal from the county court is not an appealable order. In re Cochran’s Estate, 48 Okla. 672, 149 Pac. 1089.

A motion for new trial was not necessary. Powell et al. v. Nichols et al., 26 Okla. 735, 110 Pac. 762.

The appeal is dismissed.