# Consolidated Alfalfa Milling Co. v. Winsor

> Supreme Court of Oklahoma · February 3, 1914 · 40 Okla. 362

URL: https://www.frixlaw.com/law-library/cases/3808833

## Case

- **Full name:** CONSOLIDATED ALFALFA MILLING CO. Et Al. v. WINSOR
- **Court:** Supreme Court of Oklahoma
- **Decided:** February 3, 1914
- **Citations:** 40 Okla. 362; 138 P. 566; 1914 OK 49; 1914 Okla. LEXIS 31
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Kane
- **Judges:** Kane
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3808833

## Opinion text

KANE, J.
The only error assigned in the petition in error in this cause is:
“That there is error in said record and proceeding in this, to wit: That the court erred-in overruling the motion of the plaintiffs in error to dismiss this suit.”
The defendant in error moved to dismiss the proceeding in errar upon the ground that under our statute governing appellate procedure an order overruling a motion to dismiss a cause
*363
of action which leaves the case standing for further proceedings is not an appealable order. The motion to dismiss must be sustained. The following cases are authority to the effect that an order overruling a motion to quash a.summons, or service, or to dismiss or strike a cause, is not an appealable order:
Simpson v. Stein,
43 Kan. 35 , 22 Pac. 1020 ;
Simpson v. Kirschbaum & Co.,
43 Kan. 36 , 22 Pac. 1018 ;
Brown v. Kimble,
5 Kan. 80 ;
Dolbec
v.
Hoover,
8 Kan. 124 ;
Edenfield v. Barnhart,
5 Kan. 225 ;
Simpson v. Rothchild et al.,
43 Kan. 33 , 22 Pac. 1019 ;
Kansas Rolling Mill Co. v. Bovard,
34 Kan. 21 ,
7
Pac. 622 . As we borrowed our statute governing appeals from the state of Kansas subsequent to the rendition of' the foregoing cases by its highest court, they are decisive upon the question under consideration. The appeal is dismissed.
All the Justices concur.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3808833. Public record. Not legal advice.