Rogers v. Rogers

Supreme Court of Oklahoma
Rogers v. Rogers, 132 P. 476 (Okla. 1913)
38 Okla. 195; 1913 OK 341; 1913 Okla. LEXIS 338
Williams

Rogers v. Rogers

Opinion of the Court

WILLIAMS, J.

This proceeding in error was commenced to review the action of the trial court in granting a divorce in favor of the defendant in error in a-n action wherein the defendant in error was plaintiff and the plaintiff in error was defendant. The defendant in error has moved to dismiss this proceeding in error on the ground that the plaintiff in error failed to file in the clerk’s office of the trial court within ten days after the trial a written notice stating that it was his intention to appeal from said judgment.

*196 ' Unless such notice be filed the action of the trial court in .granting the divorce cannot be reviewed by proceeding in error. La Due v. La Due, 23 Okla. 323, 100 Pac. 513; Orcutt v. Orcutt, 25 Okla. 855, 108 Pac. 373. This requirement is mandatory, and must be complied with in order for this court to acquire jurisdiction in a proceeding in error to review the same.

The proceeding in error is therefore dismissed.

All the Justices concur.

Reference

Cited By
4 cases
Status
Published
Syllabus
DIVORCE — Notice of Appeal — Failure to File. Plaintiff in error having failed to file notice of appeal within ten days in the office of the clerk of the court rendering the judgment granting a divorce, as required by section 5971, Rev. Laws 1910, this court is without jurisdiction to hear and determine a proceeding in error seeking to review such action of the trial court. (Syllabus by the Court.)