Braggs Mercantile Co. v. Richardson Dry Goods Co.
Supreme Court of Oklahoma
Braggs Mercantile Co. v. Richardson Dry Goods Co., 147 P. 1194 (Okla. 1915)
47 Okla. 124; 1915 OK 171; 1915 Okla. LEXIS 122
PER CURIAM.
Braggs Mercantile Co. v. Richardson Dry Goods Co.
Opinion of the Court
The final order appealed from in this . case was rendered and entered on January 31, 1914. Petition in error, with case-made attached, was filed in this court on July 31, 1914. The praecipe for summons in error was not filed in this court until October 29, 1914, long after the expiration of the statutory period for perfecting the appeal.
Upon the authority of Wahl v. White Sewing Machine Co., 45 Okla. 805, 147 Pac. 301, and cases therein cited, the motion to dismiss is sustained.
Reference
- Cited By
- 2 cases
- Status
- Published
- Syllabus
- APPEAL AND ERROR — Jurisdiction—Time for Perfecting Appeal— Dismissal. Where no praecipe for summons in error is filed, or summons issued, or waiver of issuance and service of summons, or a .general appearance made, within six months after the rendition of the judgment complained of, the proceedings will not be deemed commenced as required by Sess. Daws 1910-11, p. 35, c. 18, and on motion the appeal will be dismissed. (Syllabus by the Court.)