123 P. 1061 | Okla. | 1912
On August 26, 1910, the plaintiff in error, C. R. Smith, as plaintiff, commenced an action against the defendants in error, as defendants, by filing in the district court *759 of Carter county his petition, seeking to foreclose a certain mortgage lien on certain lands. The defendant in error, Mrs. John Finley, demurred to the plaintiff's petition, on the ground that the same did not state facts sufficient to constitute a cause of action. Afterwards, on the 31st day of December, 1910, answer was made for the defendants therein, who were minors, by their guardian ad litem, and on the same day judgment was rendered against the defendants, foreclosing the mortgage lien. On April 15, 1911, an order of sale was issued. On May 6, 1911, the defendants, after notice, filed their petition to vacate said judgment and stay proceedings therein. On May 22, 1911, a petition was filed to correct said judgment. On May 22, 1911, the court, having heard the evidence, ordered that said judgment be corrected nunc pro tunc. On May 29, 1911, the court, after having heard the motion to vacate, sustained the same, and set aside said judgment.
The defendants in error move to dismiss this appeal, on the ground that it is not an appealable order.
In Town of Byars v. Sprouls,
"This proceeding was brought under sections 4760, 4761, Wilson's Rev. Ann. St., which were adopted from Kansas, and are identical with sections 4669 and 4670 of the General Statutes of that state of 1889. In List v. Jockheck,
In W. L. Moody Co. v. Freeman Williams et al.,
It follows that the appeal in this case must be dismissed.
All the Justices concur. *761