Cline v. De Walt
Supreme Court of Oklahoma
Cline v. De Walt, 153 P. 142 (Okla. 1915)
52 Okla. 598; 1915 OK 962; 1915 Okla. LEXIS 332
Watts
Cline v. De Walt
Opinion of the Court
Opinion by
This case comes from the district court of Mayes county, where final order was en *599 tered on the 2d day of April, 1913, from which the plaintiff in error appeals. Transcript was filed in the office of the clerk of this court on October 1, 1913, but plaintiff in error has failed to have summons in error served on the defendants in error; neither have the defendants in error waived the issuance of summons in error or appeared in this court.
This -court is therefore without jurisdiction, and we recommend that the appeal be dismissed.
By the Court: It is so ordered.
Reference
- Full Case Name
- CLINE v. DE WALT Et Al.
- Status
- Published
- Syllabus
- APPEAL AND ERROR—Dismissal—Jurisdiction. The petition in error and transcript of 'record was filed in the. office of ithe clerk of this court on October 1, 1913, but summons in error has not been served or waived, nor have defendants in error appeared. Under such facts, this court has no jurisdiction. (Syllabus by Watts, C.)