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290 P.2d 132

Page v. Sherman

Supreme Court of Oklahoma

Decided November 15, 1955

Supreme Court of Oklahoma · decided 1955-11-15

Key passage — most relied on by later courts

“"An appeal does not lie to this court from an intermediate or interlocutory order made during the pendency of an action, which intermediate or interlocutory order leaves the parties in court to have the issues tried on the merits, unless the appeal sought to be taken comes within some one of the special orders from which an appeal is authorized by statute prior to final judgment in the main action."”

quoted by 2 later decisions, including Smith v. Moore, State v. Alford

Relies on Arthur v. Arthur

Good law ✅— No negative treatment on recordhow we know

Decided 1955-11-15

How this case has been cited

Cited by 4 later decisions — most recently June 2002

4 state decisions

10195519601970198019902000decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

PER CURIAM.

¶1 Plaintiff, individually, and as executrix, brought an action against defendants seeking an accounting and the determination of an interest in real and personal property. The trial court ordered an accounting by its order of May 8, 1954, and defendants appeal.

¶2 A motion to dismiss has been filed for the reason the order cannot be brought to this court on appeal prior to a final determination of the issues in the trial court. The motion to dismiss must be sustained. In Arthur v. Arthur, Okl., 258 P.2d 1191, 1192, a similar case, it is stated:

“ ‘An appeal does not lie to this court from an intermediate or interlocutory order made during the pendency of an action, which intermediate or interlocutory order leaves the parties in court to have the issues tried on the merits, unless the appeal sought to be taken comes within some one of the special orders from which an appeal is authorized by statute prior to final judgment in the main action.’ ”

¶3 Appeal dismissed.

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