Keck v. Woodring

Supreme Court of Oklahoma

Keck v. Woodring

1946 OK 308, 174 P.2d 248, 197 Okla. 663, 1946 Okla. LEXIS 644

CourtSupreme Court of Oklahoma

DecidedNovember 12, 1946

DocketNo. 32571

StatusPublished

This text of 1946 OK 308 (Keck v. Woodring) is published on Counsel Stack Legal Research, covering Supreme Court of Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Keck v. Woodring, 1946 OK 308, 174 P.2d 248, 197 Okla. 663, 1946 Okla. LEXIS 644 (Okla. 1946).

Pincite

Opinion

PER CURIAM.

This action was commenced by Robert Woodring, a minor, by his father and next friend, against G. E. Keck to recover for personal injuries. On November 5, 1945, the cause was dismissed for want of prosecution. On December 21, 1945, plaintiff filed his motion to reinstate the cause, and thereupon the court entered its order on January 21, 1946, setting aside the order dismissing the cause and reinstating the cause. A motion to dismiss the appeal has been filed.

The motion to dismiss the appeal must be sustained. In Haywood v. Pinkey, 112 Okla. 30, 239 P. 456, we stated that an order sustaining a motion to set aside a dismissal of a cause of action and reinstating the same is not a final order and that no appeal can be taken therefrom prior to a final determination of the case. To the same effect see Madison v. Trekell, 179 Okla. 65, 64 P. 2d 711.

The appeal is dismissed.

GIBSON, C.J., HURST, V.C.J., and OSBORN, CORN, and DAVISON, JJ., concur.

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