Supreme Court of Oklahoma, 1910

Chouteau v. Chouteau

Chouteau v. Chouteau
Supreme Court of Oklahoma · Decided January 11, 1910 · Williams, Kane, Dunn, Hayes, Turner
106 P. 854; 25 Okla. 426; 1910 OK 6; 1910 Okla. LEXIS 283
Chouteau v. Chouteau

Cases that cite this one

2 later published cases cite this decision.

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Williams, J.

The order from which the writ of error was sued out was made and entered on the 9th day of May, 1906, and the writ allowed on the 30th day of April, A. D. 1907.

The defendant in error moves to dismiss this appeal on the ground that the same was not prosecuted within six months from the time of the rendition of the judgment and the entering of the order sought to be appealed from. This question has been not only by this court, but also by the United States Court of Appeals for the Indian Territory, and of the Eighth Circuit, *427 decided favorably to the contention of the defendant in error. Porter et al. v. Brook, 21 Okla. 885, 97 Pac. 645 ; Moberly v. Roth et al., 23 Okla. 856, 102 Pac. 182; Friend et al. v. Roth et al., 23 Okla. 864, 102 Pac. 185 ; Friend et al. v. Roth et al., 23 Okla. 866, 102 Pac. 186; Bickford v. Bruce et al., 21 Okla. 892, 97 Pac. 648; Utterback v. Rock Island Plow Co., 22 Okla. 263, 97 Pac. 649; In re Terrell’s Estate, 6 Ind. T. 412, 98 S. W. 143; Lewis et al. v. Sittel, 7 Ind. T. 602, 104 S. W. 850; Id., 165 Fed. 157, 91 C. C. A. 191.

The appeal is dismissed.

Kane, C. J., and Dunn and Hayes, JJ., concur; Turner, J., not participating.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.