Weaver v. Fourth Nat. Bank of Tulsa

• Decision Date: 10 November 1953
• Docket Number: No. 35980,35980
• Citation: 263 P.2d 194
• Parties: WEAVER v. FOURTH NAT. BANK OF TULSA.
• Court: Oklahoma Supreme Court

Page 194

263 P.2d 194

1953 OK 329

WEAVER v. FOURTH NAT. BANK OF TULSA.

No. 35980.

Supreme Court of Oklahoma.

Nov. 10, 1953.

Syllabus by the Court.

An order for a judgment debtor to disclose assets under the provisions of 12 O.S.1951 § 842, is not an order affecting a substantial right within the meaning and definition of 12 O.S.1951 § 953, and therefore is not appealable prior to a determination and final order in the proceeding.

Young, Young & Young, Sapulpa, for plaintiff in error.

Gable, Gotwals & Hays, Tulsa, for defendant in error.

ARNOLD, Justice.

In cause No. 28434, A. D. Eidson v. The Fourth National Bank of Tulsa and H. V. Weaver, in the District Court of Creek County, the plaintiff obtained a joint judgment against the Fourth National Bank of Tulsa and H. V. Weaver. The judgment became final. The Fourth National Bank appeared in the trial court in the said case in an attempt to enforce the judgment against H. V. Weaver, attaching to its application an assignment of the judgment from the plaintiff to it reciting the payment and obtained an order directing Weaver to appear and disclose assets. Weaver filed a motion to vacate the order to disclose assets and on January 16, 1953, the trial court entered the following order:

'Now on this 16th day of January, 1953, this cause comes on for hearing on motion of defendant H. V. Weaver to vacate, set aside and for naught hold a certain order made and entered by the court herein under date of December 31, 1952, under and whereby H. V. Weaver was ordered and directed to appear and testify herein respecting his assets; the defendant The Fourth National Bank of Tulsa, Oklahoma, a corporation, appearing by its attorneys of record and the defendant H. V. Weaver appearing in person and by his attorneys of record, and the court, having considered said motion, and being well and truly advised in the premises, finds that the same should be overruled and denied, to which the defendant H. V. Weaver objects and excepts and exceptions are allowed by the court; thereupon said defendant gives notice of his intention to appeal to the Supreme Court of the State of Oklahoma and prays that said notice be extended upon the proper records in the Court Clerk's office and it is so ordered; thereupon said defendant prays the court to allow and fix supersedeas and said Supersedeas Bond is fixed in the sum of $100.00 by agreement of the parties, upon the execution and filing of which further proceedings, conformable to said order, shall be and the same are hereby stayed pending final determination on appeal.'

An appeal was perfected to this Court and a motion to dismiss has been filed in which it is alleged that the order to disclose assets is not a final order and therefore not appealable.

In resisting the motion to dismiss plaintiff in error contends that the order affects a substantial right made in a special proceeding or upon a summary application in an action after judgment and is therefore a final order under the definition provided in 12 O.S.1951 § 953, and is therefore appealable.

The appellate jurisdiction of the Supreme Court extends to final 'orders of the county, superior, or district court, or a judge thereof', 12 O.S.1951 § 952. This proceeding to disclose assets was a 'special proceeding' in an action after judgment, and is a final order under the definition of 12 O.S.1951 § 953, if it affects a substantial right within the meaning of that section.

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